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Full text of "The new charter of Baltimore City enacted by the Acts of 1898, Ch. 123; with all amendments and additions therto down to and including the Acts of 1914"

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L^l 


THE  NEW  CHARTER 

OF 

BALTIMORE  CITY 

Enacted  by  the  Acts  of  1898,  Ch.  123 


With  all  amendments  and  additions  thereto  down  to  and  including  the  Acts 
of   1914;  and  with  an  Appendix  containing  the  Acts  establishing 
the  City's  boundaries,  the  General  Condemnation  Law  and 
the  Agreement  between  Baltimore  City  and  Balti- 
more County,  as  to  the  use  of  the  Out-Fdl 
Sewer  by  Baltimore  County,  and  with 
references  to.  and  annotations 
of,  decided  cases. 


»         o   ,   a  *a 


COMPILED   UNDER  THE  DIRECTION  OF 

S.   S.    FIELD,  CITY   SOLICITOR. 

BY 

HENRY   W.    WEEKS. 

FOR   FIFTEEN   YEARS  CLERK  OF  THE   LAW  DEPARTMENT 
OF  BALTIMORE,  CITY. 

MAR  '^  4  19^^ 


.< 


BALTIMOEE   CITY 

PBIXTING   AND   BINDING 

COMPANY. 


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»  •  •  •  *'  <  • 


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V 


REPORT  OF  COMMISSION 


Baltimore,  January  27,  1898. 

To  the  Honorable  General  Assembly  of  Maryland: 

The  Commission  appointed  pursuant  to  the  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  approved  iSTovember  24, 
1897,  to  draft  a  new  Charter  for  the  City  of  Baltimore,  here- 
with, as  directed  by  said  ordinance,  respectfully  submit  the 
result  of  their  labors. 

After  mature  deliberation  the  Commission  decided  at  the 
beginning  of  their  work  of  preparing  a  new  organic  Act  for 
the  City  of  Baltimore,  to  be  governed  by  certain  well-defined 
and  recognized  principles  relating  to  municipal  government, 
which  had  been  found  in  other  cities  to  be  beneficial  and  which 
it  was  thought  were  fundamental  and  necessary,  if  there  were 
(C  to  be  an  improvement  on  the  present  law  relating  to  the  City 
of  Baltimore.     Some  of  these  controlling  principles  were : 

1.     To  locate  responsibility  upon  public  ofiieials  in  such  a 

.         manner  that  it  could  not  be  evaded. 

^  O^  2.      To  give  representation  to  the  minority  party  in  all  dc- 

^j;^        partments,  when  composed  of  more  than  one  person,  so  that  an 

opportunity  might  be  given  to  the  minority  to  scrutinize  the 

actions  of  the  party  in  power. 

3.  To  hold  municipal  elections  at  a  dillerciit  time  from  the 
State  and  Federal  elections,  in  order  to  separate  municipal 
affairs  from  the  influence  of  the  political  issues  wliich  are  neces- 
sarily involved  in  State  and  Federal  elections. 

4.  To  require  the  appointment  of  experts  in  all  departments 
where  professional  knowledge  and  skill  are  required. 

5.  To  grant  the  use  of  the  streets  and  other  public  property 
for  limited  terms,  and  to  the  highest  bidder,  subject  to  the 
control  and  i-cgiilatioii  of  the  city  during  tlie  })eriod  of  the  grant. 

0.  To  check  hasty  legishxtion,  especially  in  matters  relating 
to  expenditure  of  tlie  jniblic  moneys,  and  to  prohibit  the  creation 
of  floating  debts. 

7.  To  remove  tlic  public  school  system  from  all  possible 
political  iiilhicnce. 

8.  To  pla«-e  the  indigent  sick  and  poor,  when  their  treat- 
ment, care  or  support  is  paid  for  by  the  city,  under  the  supervi- 
sion  ot'   city   officials. 

210357 


IV 

The  most  advanced  and  improved  forms  of  municipal  govern- 
ment, as  far  as  the  Commission  have  been  able  to  ascertain,  have 
had  incorporated  in  them  the  j)]acing  of  the  power  of  appoint- 
ment in  one  person.  It  might  well  be  urged  that  this  is  con- 
ferring too  much  power  upon  one  man,  that  the  appointing 
power  in  city  government  should  be  distributed ;  but  experience 
has  shown  that  by  centralizing  the  appointing  power  the  respon- 
sibilitv  for  ofHcial  conduct  can  at  once  be  delinitely  fixed.  The 
Charter  submitted  places  the  power  of  appointing  the  heads  of 
all  departments  and  their  respective  sub-departments  in  the 
Chief  Executive  of  the  city,  the  ]\Iayor,  where  it  properly  be- 
lo]igs.  The  Commission  have  not  taken  the  extreme  position 
of  making  the  Mayor  absolute  in  regard  to  this  pow-er  of  appoint- 
ment. His  appointments  must  be  confirmed  by  the  Second 
Branch  of  the  City  Council.  The  power  of  appointing  all 
subordinates  and  employees  in  the  several  departments  and  sub- 
departments  is  in  each  case  lodged  in  the  head  of  the  depart- 
ment. The  Commission  have  to  this  extent  endeavored  to  carry 
out  the  single-executive-head  system,  which  has  been  tried  in 
other  cities  with  good  results.  It  is  hoped  with  this  system, 
as  now  recommended,  the  Mayor  will  be  more  careful  in  ap- 
pointing heads  of  departments  or  sub-departments,  and  the 
various  heads  so  appointed  will  also  be  more  careful  in  selecting 
competent  subordinates. 

The  principle  of  representation  from  the  minority  party  in 
all  departments,  boards  or  commissions,  where  composed  of 
more  than  one  person,  is  carried  out  in  the  proposed  Charter. 
This  will  not  prevent  the  successful  party  at  the  municipal  elec- 
tion from  adopting  and  carrying  out  any  policy  or  reforms 
which,  in  its  judgment,  might  be  right  and  proper,  and  will 
in  no  way  interfere  with  the  administration  of  public  affairs 
by  the  successful  party ;  but  it  will  afi'ord  to  the  minority  at  all 
times  a  right  of  representation  in  the  city  government,  and  will 
give  it  an  opportunity  of  scrutinizing  the  actions  of  the  party 
in  power. 

The  feature  of  the  spring  elections  is  designed  for  the  distinct 
purpose  of  separating  the  municipal  elections  from  those  of  the 
State  and  Xation.  It  must  be  conceded  that  in  order  to  make 
a  good  Mayor  of  a  large  and  prosperous  business  centre  like  Bal- 
timore there  is  no  inherent  necessity  for  his  belief  in  one  rather 
than  another  of  the  principles  which  separate  the  leading  politi- 
cal parties.  The  State  and  National  questions  are  invariably 
discussed  and  made  issues  at  all  the  ]S[ovember  elections,  and 
it  is  difiicult  to  remove  from  the  influence  of  these  discussions 


municipal  ali'airs  when  the  elections  are  held  at  the  same  time. 
The  spring  elections,  it  is  hoped,  will  enable  the  citizens  of 
Baltimore  to  eliminate  everything  from  their  municipal  cam- 
paigns except  that  which  pertains  to  the  best  business  adminis- 
tration of  the  city,  and  will  present  to  the  voters  an  opportunity 
of  electing  such  of  the  nmnicipal  candidates  as  are  most  likely 
to  ensure  good  municipal  govermnent. 

The  provisions  of  the  Charter  placing  experts  at  the  head  of 
the  various  departments  and  sub-departments  where  profes- 
sional knowledge  is  recpiired,  are  expected  to  secure  to  the  city 
the  best  service  of  men  of  competent  knowledge  and  experience 
in  the  departments  placed  under  their  charge.  The  Commission 
have  adopted  the  following  general  provision  wherever  expert 
knowledge  is  required :  "He  must  have  had  at  least  five  years' 
experience  in,  the  active  practice  of  his  profession  and  have 
had  responsible  charge  of  work  for  at  least  that  length  of  time." 
Exjjerts  are  required  in  the  following  offices:  City  Engineer, 
Water  Engineer,  Harbor  Engineer,  Inspector  of  Buildings,  and 
Commissioner  of  Health.  ]t  was  deemed  advisable  for  tlie  best 
interests  of  the  city  to  put  the  entire  subject  of  public  improve- 
ments under  the  direct  control  and  supervision  of  a  lioard  of 
experts,  styled  the  Board  of  Public  Improvements.  On  this 
Board  the  Charter  submitted,  places  three  civil  engineers  and 
an  architect,  and  all  matters  are  referred  to  them  when  involv- 
ing questions  of  new  public  buildings,  additional  harbor  facili- 
ties, a  sewei-age  system,  extension  or  improvement  of  streets, 
the  erection  of  l)ri(]ges  and  other  similar  work. 

The  proposed  Charter  requires  that  the  grant  ol'  i'ranchises 
or  rights  in,  over  or  under  the  streets  or  in  othei-  ])ublic  property 
shall  be  made  fm-  (Hily  limited  periods  ( twenty-tive  years),  and 
also  provides  that  in  all  ordinances  granting  sucli  franchises  or 
rights  provision  can  be  made  for  the  reverting  to  tlic  city  at 
the  expiration  of  tli(>  grant,  of  the  plant  and  its  appurtenances, 
and  gives  power  to  the  city  to  operate  and  control  the  same,  if  it 
should  prove  desirable.  All  franchises  or  rights  in  the  liigiiways 
of  the  city  are  to  Ik^  sold  under  the  supervision  of  the  Board  of 
Estimates.  Under  no  circumstances  can  the  city  divest  itscit 
f  the  right  or  ])owci-  to  regnlate  tln^  ex(>rcise  of  the  fi-ancliisc 


o 


<ii"  right  granted 


The  Connnissioiicrs  haxc  also  endeavored  t(»  pi'otect  the  pnblu* 

interests  In  relation  to  the  linances  of  the  city  hy  the  provision 

ot'  the  proposed   Charter  in   regard  to  the   P)oard  of   Estimates. 

Ihls  Board  is  composed  of  the  highest  officials  of  the  city  govern- 

irif  nt,  that  is  to  sav.  the  Mavor,  who  is  tlie  chief  execntiv<'  officer 


VI 


of  the  city  Jiiid  elected  by  the  people ;  the  City  Solicitor,  who  is 
appointed  by  the  Mayor  and  is  the  head  of  the  Law  Department, 
and  who  will  always  be  a  prominent  member  of  the  bar;  the 
Comptroller,  who  is  also  elected  by  the  people  and  responsible 
to  them,  and  who  is  the  head  of  the  Finance  Department ;  the 
President  of  the  Second  Branch  of  the  City  Conncil,  a  represen- 
tative member  from  the  legislative  branch  of  the  city  govern- 
ment, and,  finally,  the  President  of  the  Board  of  Public  Im- 
provements, who  is  the  City  Engineer,  and  wall  be  an  expert  in 
engineering.  It  is  believed  that  by  this  strong  combination  of 
leading  city  officials,  representing  every  branch  of  the  municipal 
government,  the  financial  interests  of  the  city  will  be  carefully 
guarded  and  that  the  welfare  of  the  citizens  will  always  be  the 
controlling  motive  in  the  deliberations  and  actions  of  the  Board. 
The  duties  of  this  Board  are  comprehensive  in  their  nature 
and  include  the  general  control  of  the  financial  policy  of  the 
city.  In  the  preparation  of  the  lists  of  ''Departmental  Esti- 
mates," "Estimates  for  New  Improvements"  and  "Estimates 
for  Annual  Appropriations,"  called  for  by  the  proposed  Char- 
ter, the  entire  appropriations  of  public  funds  are  embraced. 
It  may,  therefore,  be  expected  that  the  composition  of  this  Board 
of  the  highest  municipal  officers  and  representatives  of  the  city 
government  will  furnish  a  guarantee  in  the  future  against  ex- 
travagance and  the  reckless  expenditure  of  public  moneys.  The 
provisions  of  the  Charter  submitted  relating  to  the  Board  of 
Estimates  are  sufficiently  comprehensive  to  furnish  to  the 
municipality  opportunities  for  a  safe  and  conseiwative  financial 
policy  and  to  prevent  the  public  debt  from  advancing  beyond  a 
safe  per  centum  of  the  taxable  basis.  Ample  provisions  are 
made  for  conducting  the  city  government,  and  no  floating  debt 
can  be  created.  The  Board  of  Estimates,  in  the  ordinance  they 
annually  submit,  providing  for  the  expenditures  by  the  city 
for  the  ensuing  year,  take  into  consideration  all  the  disburse- 
ments, and  if  the  income  is  insufficient  to  meet  these  expendi- 
tures there  must  be  a  pro  rata  reduction  in  all  departments.  If 
there  is  a  surplus  it  must  be  paid  over  to  the  Finance  Commis- 
sioners to  be  credited  to  the  general  sinking  fund.  By  this 
provision  it  is  hoped  that  the  sinking  fund  will  be  greatly  bene- 
fited. When  any  ordinance  for  public  improvements  exceeding 
in  cost  the  sum  of  $2,000  has  passed  its  first  reading  in  either 
Branch  of  the  City  Council  it  shall  be  referred  to  the  Board  of 
Public  Improvements  for  their  opinion  as  to  whether  or  not  the 
wants  of  the  city  require  the  improvement  mentioned  in  the 
ordinance  submitted,  and  when  this  Board  give  their  report 


vu 


on  this  ordinance  it  is  then  referred  to  the  Board  of  Estimates 
for  their  opinion  as  to  whether  or  not  there  is  or  will  be  sufficient 
money  in  hand  to  pay  for  the  contemplated  improvement.  Until 
both  of  these  Boards  report  upon  the  ordinance  it  cannot  become 
valid.  It  will  be  readily  seen  that  in  this  manner  hasty  legisla- 
tion will  be  checked,  and  it  is  probable  that  only  such  ordinances 
for  public  improvements  will  be  passed  for  which  there  is  suffi- 
cient cash  on  hand  to  pay  and  which  the  requirements  of  the 
city  demand.  By  these  provisions  it  is  believed  a  step  will  be 
taken  in  the  direction  of  a  regular  and  systematic  reduction 
of  the  enormous  debt  which  now  hangs  over  the  Citv  of  Balti- 
more  and  a  check  placed  upon  the  expenditure  of  its  money,  so 
as  to  keep  the  expenses  and  appropriations  of  the  city  govern- 
ment entirely  within  its  means. 

The  provisions  of  the  proposed  Charter  relating  to  the  public 
school  system  have  been  framed  after  careful  consideration  and 
research  respecting  the  systems  in  force  in  various  cities  of  im- 
portance. It  provides  for  the  appointment  of  the  School  Com- 
missioners, nine  in  number,  by  the  Mayor,  subject  to  confirma- 
tion by  the  Second  Branch,  for  a  term  of  six  years  each,  three  of 
them  to  retire  at  the  end  of  everv  two  vears.  It  is  submitted 
that  a  long  term,  together  with  the  other  provisions  which  have 
been  inserted,  will  cause  the  affairs  of  the  schools  of  Baltimore 
to  be  administered  by  competent  men,  independent  of  partisan 
and  ecclesiastical  ties.  The  endeavor  has  been  made  to  secure 
three  things :  First,  oversight  of  the  schools  by  a  Board  of  Com- 
raipsioners  so  selected  as  to  ensure  conservative  administration 
and  full  responsibility;  second,  attention  to  the  details  of  school 
management  by  a  body  of  qualified  superintendents,  and,  third, 
the  maintenance  of  popular  interest  in  the  public  schools  by 
means  of  a  large  number  of  local  school  visitors,  one  or  more  of 
them  from  the  immediate  neighborhood  of  each  school-house. 

The  Charter  submitted  gives  to  the  city  a  supervision  over 
all  persons  who  come  under  the  class  of  indigent  sick  and  poor. 
All  money  appropriated  by  the  city  for  the  care  of  its  poor 
shall  be  by  contract  with  the  various  institutions  which  care  and 
provide  for  the  poor  of  Baltimore.  No  money  is  to  be  appro- 
priated except  under  contract,  and  the  Supervisors  of  City 
Charities  are  to  have  supervision  over  all  persons  who  are  sub- 
jects of  municipal  aid. 

The  Legislative  Department  remains  substantially  as  at  pres- 
ent, except  that  the  Second  Branch  is  smaller,  and  that  one-half 
are  always  old  and  experienced  members.  The  legislative  func- 
tions of  the  City  Council  are  in  no  wise  impaired.    Not  ono  cent 


Vlll 


of  the  public  money  can  be  spent  until  the  City  Council,  by  ordi- 
nance, makes  an  appropriation. 

The  Commission  have  had  before  them  the  great  need  of 
increased  revenue  to  meet  the  constantly  growing  wants  of  the 
city.  To  this  question  the  members  of  the  Commission  have 
given  their  most  serious  thought.  Taxes  today  are  burdensome 
on  the  owners  of  land  and  houses,  and  to  meet  the  wants  of  the 
city  this  burden  must  be  largely  increased  unless  the  revenue 
of  the  city  can  be  increased  from  other  sources.  The  Connnis- 
sion  have  proposed  to  so  modify  the  law  as  to  give  to  the  city  all 
the  fees  collected  by  it  from  liquor  licenses.  A  Supplementary 
Act  accompanies  the  Charter,  providing  that  the  counties  shall 
retain  the  fees  collected  by  them  from  the  same  source.  The 
Commission  feel  that  they  would  not  be  performing  their  full 
duty  if  they  did  not  urge  upon  the  Legislature  the  necessity  for 
this  change  and  the  adoption  of  the  provisions  as  to  these  fees 
contained  in  the  proposed  Charter. 

Another  Supplementary  Act  provides  for  certain  limitations 
on  the  power  of  the  city  as  to  contracting  debts.  This  provision 
is  a  proper  one  and  should  be  adopted. 

The  Commission  believe  that  the  Charter  herewith  submitted 
will,  if  adopted,  remedy  many  of  the  faults  of  the  old  law,  and 
provide  such  a  law  as  will  materially  contribute  to  the  future 
development  and  prosperity  of  the  great  metropolis  of  Mary- 
land. 

William  Pi?s'kxe\'  Why'/e^  ('Jii(inn(i)i . 

Feedixand  C.  Latkobe, 

Daniel  C.  Gilman, 

Samuel  D.  Schmucker, 

Geoege  R.  Gaither,  Jr., 

Thomas  Irelakd  Ellk^tp, 

Thomas  G.  Hayes, 

Lewis   Putzel, 

Neiu  Charter  (JommisHion, 

Frederick  T.  Dorton,  Secretary. 


CONTENTS. 

I.   CHARTER. 

sections 

1.  Mayok  axd  City  Council  of  Baltimore 1-15 

(a)  Corporate  Name.  Power  to  Hold  rropcrty.  Annex.  1-5 

(b)  General    Powers 6-6B 

(c)  Franchises    7-13 

(d )  Contracts  with  the  City 14-15 

2.  Mayor    1(J  .iO 

3.  Executive   Department 31 

(a)     Department  of  Finance 3U 

1.  Comptroller    33-34 

2.  City  Register 35-35a 

3.  Board  of  Estimate!. 3(5-40 

4.  Commissioners  of  Finance 41 

5.  City   Collector 42-5SB 

6.  Collector  of  ^Yater  Rents  and  Licenses 59 

( h )     Department  of  Law UO 

City    Solicitor 61-07 

(c)     Department  of  Public  Safety ()8 

1.  Board  of  Fire  Commissioners (59-70 

2.  Commissioner  of  Health 71-78 

3.  Inspector  of  Buildings 79-82 

4.  Coniniissiciner  of  Street  Cleaning S3 

{d)      Deiiaitment  of  Public  Iniiirovenients 84-85 

1.  Highways  Engineer 86-86D 

2.  Water   Board 87-87A 

:',.     narl)()r    Board 8S 

4.     Inspector  of  Buildings .S9 

(e)  Department  of  Public  Paiks  and  Sijuares 90 

Board    of    Park    Commissioners 90-!<8b 

(/)      Department    of   Education 99 

P>oard  of  School  Commissioners 99-102S 

( y  I      1  »(|)artment  of  Charities  and  Corrections 103 

1.  SujK'ivisors  of  City  Charities 104-1 17 

2.  Visitors  to  the  Jail 118-144 

(/'I      Department   of  Review  and   Assessment 145 

1.  Ajipeal   Tax  Court MO-Hl 

2.  Commissioners  for  Opening  Streets 172-iyi)a 


X 

SECTIONS 

( i)     Division  Embraciug  Municipal  Officers  Not  Included 

in  Any  Department 196 

1.  City  Librarian 19(5-200 

2.  Commission  on  City  Plan 200A 

3.  Art  Commission 201-203 

4.  Superintendent  of  Lamps  and  Lighting 204 

5.  Surveyor    205 

G.     Constables    206 

7.     Superintendent  of  Public  Buildings 207 

S.     Public  Printer 208 

9.     Department  of  Legislative  Reference 208A-208C 

4.     Legislative   Department 209-222 


n.  MISCELLANEOUS  LOCAL  LAWS. 

1.  Advertisements    222a-208b 

2.  Arbitration — Court    of 223-225 

3.  Arbitration  Committee  of  the  Corn  and  Fi.our  Exchange  226-22S 

4.  Assault  and  Battery 229-231 

5.  Auctions  232-278 

6.  Bail    278a-278k 

7.  Bills  of  Exchange  and  Promissory  Notes 279-279c 

S.  Buildings    280-280a 

9.  Carriages,  Horses  and  Automobiles 281-293 

10.  Coroners,  Inquests  and  Dead  Bodies 294-299 

11.  Courts   300 

(a)  Superior  Court,  Court  of  Common  Pleas,  and  Bal- 
timore City  Court 300-322 

( & )  Circuit  Court  of  Baltimore  City 323-324 

(c)  Circuit  Court  No.  2  of  Baltimore  City 325-327 

(d)  Criminal  Court  of  Baltimore 328-351 

(e)  Orphans'  Court 352-353A 

(/)  Register  of  Wills 354-356 

(g)  Clerks  of  Law  Courts  of  Baltimore  City 357-366 

(h)  Clerk  of  the  Criminal  Court  of  Baltimore 367-368 

(i)  Clerk  of  the  Circuit  Court  of  Baltimore  City,  and 

of  the  Circuit  Court  No.  2  of  Baltimore  City...  369 

{))     Salaries  of  Clerks  of  Courts 370-371 

(fc)     Criers,  Bailiffs,  Watchmen  and  Stenographers...  372-382 

H)      Sheriff 383-386 

(m)    Witnesses,  Docket  Entries  and  Records 387-388 

(n)     Costs 389 


SECTIONS 

V2.  Deaf,  Dumb  axd  Blind 395-400 

13.  Destroying  Property  Maliciously 401 

14.  Examining    Engineers 426-430 

15.  Perries    431-437 

IG.  Fines   and   Forkeituues 438-444 

17.     Fire    455 

(a)  Fire  Department 445-448a 

(b)  Oil  and  Illuminating  Fluids 449-456 

IS.     Fish  457 

19.  Gas  Companies 458-462c 

20.  Harbor,    Docks   and   Wharves 463 

(a)  Harbor    463-466 

(&)  Docks   467-469 

(c)  Wharfinger  and  Wharves 470-479 

{d)  Harbor    Board 480-485 

21.  HEAJ.TH    486 

(a)  Nuisances    486-492 

(b)  Athletic  Fields,  etc 492a 

(c)  Chemical    Laboratories 493 

id)  Children's  Playgrounds 493a-493c 

(e)  Hospitals  for  Infectious  Diseases 493d-493g 

(/)  Infants  in  Improper  Homes  or  Care 493h-4931 

ig)  Seats  for  Female  Employes  in  Stores  or  Factories.  505-506 

(h)  Tenement  and  Lodging  Houses 507-508 

(t)  State  Board  of  Commissioners  of  Practical  Plumb- 
ing     509-515 

22.  Horseshoeing    515a 

(a)     Board  of  Examiners  of  Horseshoers 515b-515f 

23.  Hours    of    Labor 516-516c 

24.  Houses  of  Refuge  and  Reformation 517-518 

25.  l.M  .MIGRANTS    519-531 

26.  Inspections,  Weights  and  Measi-res 532 

(a)  Barrels    532-584 

(?>)  Coal   535-540 

(c)  Gas  Meters 541-543 

(d)  Gangers  of  Casks  and  Liquors 544-551 

(e)  Hay  and   Straw 552-570 

(/)  Manure    571 

(g)  Stoani  Boilers 572-589 

(//)  Wood   Carts 590-599 

27.  .Jo.NKs"    Palls    600-601 


Xll 

SECTIONS 

28.  JuKOKS    602-620 

(« )     Pay  of  Jurors 621 

(b)  Volunteer  Militia  Exempt  from  Jury  Duty 6'22 

29.  Justices  of  the  Peace  axd  Constables 623-649 

30.  Landlord  and  Tenant 650-656* 

31.  Larceny   656a-656c 

32.  Legislative    Districts 656d-657 

33.  Boundaries  of   Legislative   Districts 657A 

34.  Councilmanic    Districts 657B 

35.  Licenses    658 

(a)  Billiards    65S-660d 

(&)  Horse  Dealers 661-663 

(c)  Installation  of  Electrical  Apparatus  and  Wiring.  663a-663q 
■     (d)  Liquors  and  Intoxicating  Drinks 664-691 

(e)  Moving  Picture  Machine  Operators 691a-691i 

(/)  Pavpnbrokers    692-693 

ig)  Merchandise  Brokers 694 

(h)  Real  Estate  Brokers 695-700 

(i)  Stevedores    700a 

(./)  Duty  of  Sheriff  and  Clerk  of  Court 701-702 

36.  Mariners    and    CHARrrABLE    Marine    Society    of    Balti- 

more      703 

37.  Markets    704-719 

38.  Mortgages    720-732A 

39.  Municipal   Liens 732A 

40.  Notaries   Public 733-734 

41.  Oysters   735 

42.  Parks  and   Squares 736-739a 

43.  Park  Improvement  Loan 739b-739f 

44.  Police  Commissioners 740 

(a)  Organization  of  Force 740-764 

(b)  Matrons  at  Station  Houses 765-768A 

(c)  Militia    769 

(d)  Patrol  Wagons 770 

(e)  Physicians  to  the  Police  Force 771-773C 

(/)  Races 774 

(g)     Registration  of  Voters 775 

( /( )      Special    Fund 776-780 

(i)      Long  Bridge 781 

(j)      Telegrapli  to  House  of  Correction 782 

(k)     Thiexes  and  Pickpockets 783-784 


Xlll 

SECTIONS 

(7)      Personating'  I'olieemeu 785 

(w)    New  Station  Houses 7S6-7SS 

45.  I'KATT  Free  Library 789-790 

46.  Railroads    791 

(« )  Safety  Gates 791-70;i 

{b)  Hours  of  Labor 793-705 

(c)  Street  Railway  Fares 79(5 

(d)  I'ark  Tax 797-S0<) 

(e)  Railway  Easements  in  Annex 800a-800b 

(/)  Railway  Area  Paving 800c-800d 

(g)  Prohibiting  Tracks  on  Certain  Streets 801-801d 

47.  Records   802-805 

48.  Sabbath    806-807 

49.  Schools  80S 

(a)     Intestates'  r:states 808-813 

(ft)     Johns  Hopkins  University 814-815 

(c)     McDonogh  Educational  Fund  and  Institute 816 

50.  Tkxt  Book  Upon  Civil  Government 816a 

51.  Sewers    817-824 

52.  New  SEWKKAcrn  System S24a-824n 

53.  Sheriff's   Fees 825 

54.  Stocks,  Loans  and  Finance 826 

55.  Civic  Centre  and   Parks 826a-826f 

56.  Contagious    Diseases    Hospitai 826g 

57.  Electrical    Commission 826h-826i 

58.  Harbor,  Docks  and  Wharves 826j-826o 

59.  Jones  Falls   Imi'Hovkmknt — Fallsway 826p-826t 

60.  Municipal    Lighting    Plant 826u 

61 .  PoLic  E    Station    Houses 826v 

62.  Schools     826w 

63.  Sinking  Fund   Bonds 826x-826y 

64.  Water  Sm-iv  I.mi'Rovk.mi.ni 826z-826oo 

65.  Strep:ts,  Bridges  and  Hlghwavs N27 

(a)      OiK'iiint,'   Streets 827-833 

(h)      .\(.itli   Avenue 838 

(c)      Bridges  and  ni>,'hways 839-841 

66.  GitAiics  oi    Strii.is 833a-837a 

67.  Yoi:i<    RoAK 838a 

68.  .New   Boundaic^    Avenue 838b 


XIV 

SECTIONS 

69.  Annex  Improvement  Loan  and  Commission 841a-841t 

70.  Paving  Commission,  etc 841u-S41dd 

71.  Street  Dirt,  Sweepings  and  Garbage 841ee 

72.  Special  Paving  Tax 841fE-841ii 

73.  Surveyor    842 

74.  Taxes  843 

75.  Tenants  for  Years  or  Less,  or  at  Will 844-864 

76.  Vagrants,  Paupers,  Beggars,  Vagabonds  and  Disorderly 

Persons  865-880 

77.  Vagrant  Children 881-884 

(o)  Boys'  Home 885 

(b)  St.  Martha's  Episcopal  House 885a 

(c)  Dolan  Children's  Aid  Society,  etc 886 

((f)  Hebrew  Orphan  Asylum 889 

(c)  Home  of  the  Friendless 890-894 

(/)  Protestant  Infant  Asylum 895 

(g)     Probation    Officers 886A-886F 

78.  Waitresses  in  Places  of  Public  Amusement 900-901 

79.  Water    902-906 

{a)     Lake  Roland,  Reservoirs  aad  Dams 902-906 


ACT  OF  1898, 

CHAPTER  123. 

AN  ACT  TO  Repeal  Article  4,  entitled  "City  of  Balti- 

MOKE,"  OF  THE  CoDE  OF  PuBLIC  LoCAL  LaWS  OF  MARY- 
LAND, AND  THE  Several  Acts  and  Parts  of  Acts 
Amendatory  Thereof,  and  to  Re-Enact  said  Article 
4,  with  Amendments,  Under  Two  Sub-Titles,  to  be 
Known  as  "Charter"  and  "Miscellaneous  Local 
Laws." 

Section  1.  Be  it  enacted  hy  the  General  Assembly  of  Mary- 
land, That  Article  4,  entitled  "Citv  of  Baltimore,"  of  the  Code 
of  Public  Local  Laws  of  Maryland,  and  the  several  Acts  and 
parts  of  Acts  amendatory  thereof,  be  and  the  same  are  hereby 
repealed,  and  the  said  Article  4  is  hereby  re-enacted,  with 
amendments,  under  two  sub-titles  to  be  known  as  "Charter" 
and  "Miscellaneous  Local  Laws,"  so  as  to  read  as  follows : 

ARTICLE  IV. 

CITY  OF  BALTIMORE 

CHARTER 


MAYOR   AND   CITY   COUNCIL   OF   BALTIMORE. 

Corporate  Name,  Power  to  Hold  Property,  Annex. 
P.  L.  L.,  (1860)  Art.  4,  sec.  1.    P.  L.  L.,  (1888)  Art.  4,  sec.  1. 

1.  The  inliabitants  of  the  City  of  Baltimore  are  a  corpora- 
tion, by  the  name  of  the  "Mayor  and  City  Council  of  Balti- 
more," and  by  that  name  shall  have  perpetual  succession,  may^ 
sue  and  be  sued,  may  purchase  and  hold  real,  personal  and 
mixed  property  and  dispose  of  the  same  for  the  benefit  of  said 
city,  as  herein  provided,  and  may  have  and  use  a  common  seal, 
which  may  be  altered  at  pleasure. 

Mayor  &  C.  C.  of  P.alto.  v.  State,  15  Md.  376.  State  v.  Graves.  10  Md. 
351.  Horn  v.  Mayor  &  C.  C.  of  Balto.,  30  Md.  21S.  Pimipluey  v. 
Mayor,  &c.,  of  Balto.,  47  Md.  145.  Ireton  v.  Mayor,  &c.,  of  Balto.,  61 
Md.  432.  DuRan  v.  Mayor,  &c.,  of  Balto.,  70  Md.  1.  Balto.  City  v. 
Merryman,  86  Md.  591.  Balto.  City  v.  Gorter,  93  Md.  6.  Davidson  v. 
Balto.  City,  96  Md.  511.     Balto.  City  v.  Beck,  96  Md.  190. 

As  to  powers  of  the  municipal  corporation  generally,  see  M.  &  C. 
C.  of  Balto,  V.  Howard,  20  Md.  335.  Mayor,  &c.,  of  Balto.  v.  Poultney, 
25  Md.  107.  Mayor,  &c.,  of  Balto.  v.  Groshon,  30  Md.  436.  Hagerstown 
V.  Seliner,  .'57  Md.  ISO.  (JrcfT  v.  Mayor,  44  Md.  67.  Mayor,  &('.,  of  Balto. 
V.  Reitz,  50  Md.  574.    Ileiykell  v.  Mayor,  65  Md.  148.     Stati;  v.  Rowe,  72 


Md.  548.     Lake  Rol.  Elv.  R.  R.  Co.  v.  Balto.,  77  Md.  352.     Revell  v. 
Annapolis,  81  Md.  1.     M.  &  C.  C.  of  Balto.  v.  Keeley  Inst.,  81  Md.  106. 
Mealey  v.  Hagerstown,  92  Md.  741.    Packard  v.  Hayes,  94  Md.  233.    Mur- 
doch V.  Strange,  99  Md.  104.     Cambridge  v.  Water  Co.,  99  Md.  502. 
-See  note  to  sec.  1,  Art.  1  (Statutes)  City  Code  (1879). 
City  may  be  sued  in  the  County  for  trespass  to  real  estate. 

Baltimore  v.  Turnpike  Company,  104  Md.  351. 
Southern  boundary  of  city  extends  to  limit  of  any  pier  built  from  city 
side  into  river. 

West.  Md.  Co.  V.  City,  106  Md.  561. 
But  jurisdiction  does  not  extend  over  floating  piers  or  vessels,  moored 
to  shore. 

Treuth  v.   State,  120  Md.  257. 
In  transitory  actions  city  must  be  sued  in  its  own  Courts. 
Phillips  v.  M.  &  C.  C,  110  Md.  431. 

P.  L.  L.,  (1860)  Art.  4,  sec.  2.    P.  L.  L.,  (1888)  Art.  4,  sec.  1. 

1888,   ch.    111. 

2.  All  the  property  and  franchises  of  every  kind  belonging 
to,  or  in  possession  of  the  Mayor  and  City  Council  of  Balti- 
more are  vested  in  said  corporation.  The  said  corporation  may 
receive  in  trust,  and  may  control  for  the  purposes  of  such  trust 
all  moneys  and  assets  which  may  have  been  or  shall  be  bestowed 
upon  it  by  will,  deed  or  any  other  form  of  gift  or  conveyance  in 
trust  for  any  general  corporate  purpose,  or  in  aid  of  the 
indigent  poor,  or  for  the  general  purposes  of  education  or  for 
charitable  purposes  of  any  description  within  the  said  city, 
and  the  said  corporation  may'  dispose  of,  in  the  manner  and 
upon  the  terms  in  this  Article  provided,  any  property  belong- 
ing to  it. 

Itlxrs.  of  McDonough  v.  Murdoch,  15  Howard  413.  Darlington  v. 
Mayor  &  C.  C.  of  Balto.,  51  Md.  1.  Gregg  v.  Mayor  &  C.  C.  of  Balto., 
56  Md.  256.  Barnum  v.  Mayor  &  C.  C.  of  Balto..  62  Md.  275.  David- 
son V.  Balto.  City,  96  Md.  511.  Cf.,  Johnson  v.  Frisbie,  29  Md.  76.  Kil- 
patrick  v.  Mayor,  81  Md.  179. 

The  legislature  possesses  wide  powers  of  control  and  legislation  over 
the  City  of  Baltimore,  but  its  power  is  not  absolute  and  unlimited. 

Thrift  v.  Laird,  125  Md.  55. 

P.  L.  L.,    (1888   )Art.  4,  sec.  4.     1888,  ch.  98. 

3.  All  the  provisions  of  the  Constitution  of  the  State  and 
of  this  Article  shall  be  applicable  to  the  portions  of  Baltimore 
County,  which,  under  the  terms  and  provisions  of  the  Act  of 
1888,  Chapter  98,  have  been  annexed  to  the  City  of  Baltimore. 
All  streets,  avenues  or  alleys  lying  in  any  portion  of  Baltimore 
County,  which,  under  the  provisions  of  said  Act  of  1888, 
Cliapter  98,  became  a  part  of  Baltimore  City,  and  which  shall 
have  been  legally  condemned  as  streets  under  the  provisions 


3 

of  the  Acts  of  Assembly  of  Maryland  relating  to  streets  in 
Baltimore  County,  shall  be  held  to  be  validly  constituted  streets 
of  Baltimore  City  in  all  respects  as  if  the  same  had  been  legally 
condemned  as  such  by  the  Mayor  and  City  Council  of  Balti- 
more ;  and  all  proceedings  for  the  laying  off,  opening,  grading 
and  construction  of  streets,  avenues  or  alleys,  which  shall  hsLve 
been  begun  under  Article  3,  of  the  Public  Local  Laws,  title 
"Baltimore  County,"  sub-title  ''Streets,"  shall  be  proceeded 
with  and  completed  under  said  Article  and  sub-title. 

Daly  V.  Morgan,  69  Md.  460.  Chilton  v.  Brooks,  71  Md.  452.  Mur- 
giondo  V.  Hoover,  72  Md.  12. 

As  to  effect  of  Annexation  Act  on  rights  of  turnpike  companies  In 
bed  of  streets  in  annexed  territory  and  powers  of  the  Mayor  and  Citj 
Council  of  Baltimore  in  relation  to  streets  occupied  by  such  companies, 
see, 

Baltimore  &  Jerusalem  Turnpike  Co.  v.  Mayor  &  C.  C.  of  Balto.,  Daily 
Record,  April  24,  1890.  Roberts  v.  Loyola  Perm.  Bldg.  Asso.,  74  Md.  1. 
Murphy  v.  McEney.  77  Md.  SO.  Mayor  &  C.  C.  of  Balto.  v.  Turnpike 
Co.,  80  Md.  541.  Ulmau  v.  Charles  St.  Ave.  Co.,  83  Md.  138.  Park 
Tax  Case,  84  Md.  1.  Baltimore  City  v.  Broumel,  86  Md.  155.  U.  Rys. 
Co.  V.  Hayes,  92  Md.  490.  Upshur  v.  Baltimore,  94  Md.  754.  Balta 
City  V.  Balto.  Co.  Water  &  Elec.  Co.,  95  Md.  241. 

1908,  ch.  286.  1888,  eh.  98.  P.  L.  L.  (1888)  Art.  4,  sec.  5. 
4.  All  personal  property  situated  or  held  in  the  territory 
annexed  to  Baltimore  City  by  the  Act  of  1888,  Chapter  98^ 
shall  be  subject  to  levy,  taxation  and  assessment  in  the  same 
manner  and  form,  and  at  the  same  rate  of  taxation  as  property 
of  similar  character  or  description  within  the  old  limits  of  said 
city  may  be  subject.  It  shall  be  the  duty  of  the  Appeal  Tax 
Court  of  said  city,  as  soon  as  possible  after  this  section  of  this 
article  takes  effect,  to  divide  all  the  real  and  leasehold  property 
in  said  territory  into  three  separate  classes,  to  be  known  as 
urban,  suburban  and  rural  property,  for  the  purposes  of  city 
taxation  for  the  year  1909,  and  to  revise  said  classification 
annually  thereafter  for  city  taxation  on  or  before  October  1st 
of  each  and  every  year  for  succeeding  years  in  accordance  with 
the  following  classification,  said  three  classes  to  be  defined  and 
subject  to  city  taxation  as  follows:  (1)  All  real  and  lease- 
hold property  in  said  territory  which  is  now  legally  liable;  to 
full  city  taxation,  and  all  real  and  leasehold  property  situated 
in  said  annexed  territory,  located  in  a  block  of  ground  not 
exceeding  200,000  superficial  square  feet,  formed  and  houndc*! 
on  all  sides  by  inters(;('ting  streets,  avenues  or  alleys,  opened, 
graded,  curbed  and  otherwise  improved  froTU  curb  to  curb  by 
pavement,  macadam,  gravel  or  other  substantial  material,  sliall 
be  cla.ssified  as  urban  property,  and  shall  be  subject  to  the  same 


rate  of  city,  taxation  as  real  and  leasehold  property  within  the 
old  limits  of  said  city  may  be  subject.  (2)  Every  lot,  or  piece 
of  real  and  leasehold  property  to  a  depth  not  exceeding  200 
feet,  situate  in  said  territory,  which  fronts,  binds  or  abuts  on 
any  public  street,  avenue  or  highway,  lighted  at  public  expense, 
and  completely  paved  from  curb  line  to  curb  line,  including 
gutters,  with  bitulithic,  asphalt,  asphalt  blocks,  belgian  blocks, 
vitrified  bricks,  macadam  in  good  condition  as  heretofore  laid 
before  this  section  of  this  article  took  effect,  or  if  laid  subse- 
quent thereto,  laid  without  direct  assessment  for  the  cost  thereof, 
in  whole  or  in  part,  upon  the  abutting  property  owners,  unless 
the  owners  of  a  majority  of  front  feet  of  property  binding  upon 
said  street,  avenue  or  highway,  or  the  part  thereof  to  be  paved, 
expressly  assent  to  said  direct  assessment,  and  laid  in  accordance 
with  existing  standards  of  proper  macadam  construction  as 
laid  under  the  supervision  of  the  City  Engineer,  or  other 
improved  pavement  (or  with  cobblestones  laid  before  this  sec- 
tion of  this  article  took  effect,  or  laid  subsequent  thereto  upon 
the  assent  of  the  owners  of  the  majority  of  the  front  feet  of 
property  binding  upon  said  street,  avenue  or  highway,  or  the 
part  thereof  to  be  paved),  as  distinguished  from  earth  or  gravel, 
which  streets,  avenues  or  highways  are  continuously  connected 
by  public  or  private  streets,  roads,  avenues  or  highways  (other 
than  turnpikes  upon  which  tolls  are  charged  within  the  limits 
of  said  city)  paved  from  curb  line  to  curb  line,  including  gut- 
ters, with  bitulithic,  asphalt,  asphalt  blocks,  belgian  blocks, 
vitrified  bricks,  macadam  or  other  improved  pavement  or  cobble 
stones,  as  distinguished  from  earth  or  gravel,  with  the  territory 
embraced  within  the  old  city  limits,  shall  be  classified  as  subur- 
ban property,  and  shall  be  subject,  for  the  purposes  of  city 
taxation  to  a  rate  equal  to  two-thirds  of  the  rate  to  which  urban 
property  may  be  liable,  but  in  no  year  shall  the  rate  for  subur- 
ban property  exceed  that  of  one  dollar  and  thirty  cents  f  $1.?>0) 
on  the  one  hundred  dollars  ($100)  of  the  assessed  value  of  such 
suburban  property.  (3)  All  real  and  leasehold  property  in 
said  annexed  territory  which  does  not  come  under  either  the 
classification  of  urban  or  suburban  property,  as  hereinbefore 
defined,  shall  be  classified  as  rural  property,  and  shall  be  sub- 
ject, for  the  purposes  of  city  taxation,  to  a  rate  equal  to  one- 
third  of  the  rate  to  which  urban  property  may  be  liable,  but  in 
no  year  shall  said  rate  be  less  than  the  rate  of  sixty-five  cents 
on  the  one  hundred  dollars  ($100)  of  the  assessed  value  of 
such  rural  property;  provided,  that  all  taxes  levied  or  assessed 
in  said  annexed  territorv  prior  to  the  lew  and  assessment  to 


be  made  for  the  year  1909  shall  be  subject  to  the  provisions  of 
the  Act  of  the  General  Assembly  of  Maryland,  Chapter  I.'IO, 
Acts  1902,  and  all  other  laws  in  force  relating  to  the  levying 
and  assessment  of  taxes  in  said  annex  prior  to  the  passage  of 
this  Act.  All  the  easements  and  rights  of  way  of  railroads  and 
the  tracks  or  other  structures  erected  thereon,  and  all  easements 
or  other  property  located  in,  on,  under  or  over  the  streets,  roads, 
avenues,  alleys,  highways,  or  ways  in  said  annexed  territory, 
shall  be  and  hereafter  remain  subject  to  taxation  as  now  or 
hereafter  provided  by  law. 

Daly  V.  Morgan,  69  Md.  460.  Sindall  v.  Mayor  &  C.  C.  of  Balto.,  93 
Md.  526.  U.  Rys.  &  Elec.  Co.  v.  Balto.  City,  93  Md.  630.  Balto.  Belt 
R.  R.  Co.  V.  Baltimore,  93  Md.  638.  Goebel's  Case,  93  Md.  749.  Kuenzel's 
Case,  93  Md.  750.  Gittings  v.  Baltimore,  95  Md.  420.  Baltimore  City  v. 
Poole,  97  Md.  71,  72.  Joesting  v.  Balto.  City,  97  Md.  590.  0/.,  Groif  v. 
Mayor,  44  Md.  67.  Baltimore  v.  Rosenthal,  102  Md.  298.  United  Rail- 
ways, etc.  Co.  V.  Baltimore  City  93  Md.  630.  Joesting  v.  Baltimore  City, 
97  Md.  591.  Storck  v.  Baltimore  City,  101  Md.  476.  M.  &  C.  C.  of  Balto. 
V.  Rosenthal,  102  Md.  298.    Hiss  v.  M.  &  C.  C.  of  Balto..  103  Md.  621. 

For  classification  at  full  rate  streets  must  be  public.     Rubblestone 
gutters  are  sufficient  curbing  within  the  meaning  of  the  Act. 
Smith  V.  Baltimore,  120  Md.  143. 

Passes  upon  size  of  block  in  Annex,  and  condition  of  the  paving,  to 
bring  block  under  full  city  rate  of  taxation. 

M.  &  C.  C.  V.  Harris,  113  Md.  227. 

Defines  a  block  for  taxation  in  the  Annex. 

M.  &  C.  C.  V.  Knell,  111  Md.  583. 

4A.     Kepealed  by  Act  of  1908,  Chapter  286. 

p.  L.  L.,  (1888)  Art.  4,  sec.  0.    18S8,  ch.  98.    1890,  ch.  468. 

5.  The  annexation  to  the  City  of  Baltimore  of  the  territory 
described  in  the  Act  of  1888,  Chapter  98,  shall  not  aifect  the 
right  of  any  turnpike  or  toll-road  company  heretofore  char- 
tered by  this  State  from  collecting  tolls  upon  such  parts  of 
their  said  roads  as  lie  within  .said  territory,  nor  shall  any  provi- 
sion in  the  charter  of  said  companies  which  prohibits  the  erec- 
tion of  a  toll  gate  within  one  mile  of  Baltimore  City,  operate  to 
require  the  removal  of  any  toll-gates  now  located  within  said 
territory.  But  the  Mayor  and  City  Council  of  Baltimore  shall 
have  the  power  to  purchase  or  condemn  from  said  coni])anios 
such  portions  of  their  several  turnpike  roads  as  lio  with  in  the 
city,  or  to  arrange  with  the  said  companies  for  tlic  iciuoval  of 
their  turnpike  gates  beyond  the  city  limits,  and  to  appropriate 
such  sums  of  money  as  may  be  necessary  to  carry  ont  these 

objects. 

M.  &  C.  C.  of  BiiUimoro  v.  Turnpike  Co.,  80  Md.  541.  Ilhnan  v. 
Charles  St.  Ave.  Co.,  83  Md.  138. 


6 

ge:n^eral  powers. 

6.     The  Mayor  and  City  Council  of  Baltimore  shall  have 

full  power  and  authority: 

Baltimore  City  v.  Gorter,  93  Md.  1. 
The  legislature  possesses  wide  powers  of  control  and  legislation  over 
the  City  of  Baltimore,  but  its  power  is  not  absolute  and  unlimited. 

Thrift   V.    Laird,   125   Md.  55. 

(1)  BUILDINGS. 

P.  L.  L.,   (ISOO)  Art.  4,  sees.  29,  S23,  8G4,  943.     P.  L.  L.,   (1888)   Art.  4, 

sees.  121-124.  1892,  eh.  10.  1904,  ch.  616.  1906, 

ch.  797.  1910,  ch.  704. 

To  direct  in  what  part  of  Baltimore  City  buildings  of  wood 
shall  not  be  erected ;  to  regulate  and  establish  the  size  of  bricks 
that  are  to  be  used  in  the  houses  to  be  built  in  the  City  of 
Baltimore ;  to  provide  for  the  entry  into  and  examination  of  all 
dwellings,  lots,  yards,  inclosures  and  buildings,  cars,  boats  and 
vehicles  of  every  description;  to  ascertain  their  condition  for 
health,  cleanliness  and  safety;  to  regulate  the  building  and 
maintenance  of  party  walls,  partition  fences,  parapet  and  lire 
w^alls,  smoke  flues,  fire  places,  hot-air  flues,  boilers,  kettles, 
smokestacks  and  stovepipes.  To  provide  for  and  regulate  the 
safe  construction,  inspection  and  repairs  of  all  private  and 
public  buildings  within  the  city;  and  to  compel  the  consump- 
tion of  smoke  and  make  such  regulations  as  may  be  deemed 
necessary  to  prevent  the  same  from  becoming  deleterious  or 
offensive  to  health.  To  take  down  and  remove,  or  make  safe 
and  secure,  any  and  all  buildings,  walls,  structures  or  super- 
structures, at  the  expense  of  the  o^vners  thereof,  that  are  or 
may  become  dangerous,  or  to  require  their  owners  or  agents  to 
take  dovni  and  remove  them,  or  put  them  in  a  safe  and  sound 
condition  at  their  o\\ai  expense ;  to  make  any  and  all  costs  and 
expenses  incurred  in,  about  the  taking  down  and  removal,  of 
making  safe  and  secure  of  all  buildings,  walls,  structures  or 
superstructures,  as  aforesaid,  a  lien  upon  the  interests  of  the 
owners  in  the  land  or  improvements,  or  both,  and  to  provide 
for  the  enforcement  of  such  liens  by  sale  of  the  property, 
whether  real  or  personal ;  to  regulate,  restrain  or  prohibit  the 
erection  of  wooden  or  frame  buildings  within  the  present  limits 
of  the  city,  and  to  remove  the  same  at  tlie  o^vner's  expense  when 
erected  or  suffered  to  remain  contrary  to  law  or  ordinance ;  to 
regulate  the  height,  construction  and  inspection  of  all  new 
buildings  hereafter  erected  in  said  city ;  and  the  alteration  and 
repairs  of  any  buildings  already  erected,  or  hereafter  to  be 
erected  in  said  city ;  and  the  ordinance  regulating  the  construe- 


tion  and  inspection  of  buildings  in  said  city  passed  by  the  City 
Council  and  approved  by  the  Mayor  October  23,  1891,  is  hereby 
authorized  and  legalized  in  the  same  manner  as  if  full  authority 
had  been  given  by  the  General  Assembly  for  the  passage  of 
the  same  prior  to  its  enactment ;  to  regulate  the  limits  within 
which  it  shall  be  lawful  to  erect  any  steps,  porticos,  bay  win- 
dows, bow  windows,  show  windows,  awnings,  signs,  columns, 
piers  or  other  projections  or  structural  ornaments  of  any  charac- 
ter for  the  houses  fronting  on  any  of  the  streets,  lanes  or  alleys  of 
said  city ;  provided,  however,  that  within  that  part  of  Baltimore 
City  actually  consumed  by  the  great  fire  of  February  7  and  8, 
1904,  it  shall  be  unlawful  to  erect  upon  the  streets,  lanes  and 
alleys  of  the  city,  between  the  grade  of  the  sidewalks  and  a 
point  ten  feet  above  such  grade,  any  such  awning,  step,  portico, 
bay  window,  bow  window,  show  window,  sign,  except  signs 
placed  against  buildings  and  not  extending  more  than  two  inches 
therefrom,  column,  pier  or  other  projection  or  structural  orna- 
ment of  any  character,  except  the  stone  bases  of  pilasters  for 
ornamental  and  architectural  effect,  not  exceeding  more  than 
eight  inches  from  the  building  line. 

Mayor  v.  Radecke.  49  Md.  217.  Garrett  v.  Janes.  65  Md.  260.  Town- 
send.  Grace  &  Co.  V.  Epstein,  93  Md.  537.  Bostock  v.  Sams,  95  Md.  400. 
Storck  V.  Mayor,  etc.  Baltimore,  101  Md.  476. 

In  the  Storck  case,  above  cited,  the  Act  of  1904,  ch.  616,  was  declared 
inoperative  as  to  that  part  of  the  city  outside  of  the  "Burnt  District." 
The  first  proviso  in  section  6  of  the  City  Charter,  title  "General  Powers," 
sub-title  "Buildings,"  as  re-enacted  by  said  Act,  was  declared  void  for 
luicertainty,  and  the  second  proviso  thereof  void  as  beins  arbitrary 
and  unreasonable.  The  object  of  the  Act  1906,  ch.  797,  was  to  modify 
the  paragraph  relating  to  buildings  so  as  to  conform  lo  the  decision  of 
the  Court  of  Appeals  in  the  Storck  case. 

For  furthei-  cases  relating  to  building  matters,  covered  by  the  para- 
graph of  section  6  in  relation  to  buildings,  see, — 

Barry  v.  Edlavitch,  49  Md.  217.  Dorsey  v.  ITabersack.  .S4  Md.  117. 
Serio  v.  Murphy,  99  Md.  545. 

(2)         CARKTAGES. 

p.  L.  L.,   (1S60)   Art.  4.  sees.  13S,  1.39,  86.3.     ISSO,  ch.  69.     P.  T>.  L., 
(ISSS)    Art.   4.   sees.   1.32-1.34. 

To  license  and  regulate  all  carriages  and  other  vehicles  owned 
or  used  for  the  pui'pose  of  business  or  pleasure,  and  also  all 
hackney  coaches,  carriages,  carts,  drays,  omnibuses,  wagons  and 
other  vehicles,  kept  for  liiie  or  hired  in  said  city,  and  also  to 
license  and  regulate  the  (■iiij)loyment  of  all  hackmen,  draymen, 
wagoners,  carters,  porters  and  wat(!rmen,  plying  for  hire  within 
the  limits,  and  to  pass  all  necessary  and  projx'r  regnlations  re- 
specting the  same;  provided,  however,  llial  all  revenue  arising 


8 

from  said  licenses  shall  be  applied  to  the  paving  or  repaying  of 
the  public  highways  of  the  city.  Every  carriage,  coach  or  other 
vehicle  moved  by  horses  or  other  animal  power,  which  shall 
be  used  for  the  conveyance  of  persons  within  the  city  of  Balti- 
more for  hire  or  compensation,  shall  be  deemed  a  hackney 
carriage.  To  regulate  the  breadth  of  the  wheels  of  wagons, 
carts  and  drays  to  be  used  for  hauling  burdens  on  the  streets 
of  said  city,  but  such  regiTlations  shall  not  affect  persons  hauling 
produce  to  said  city. 

'  Vansant  v.  Harlem  Stage  Co.,  59  Md.  330.  State  v.  Rowe,  72  Md. 
552.    Mason  v.  Cumberland,  92  Md.  451. 

(3)         CHIMNEYS, 

p.  L.  L.,  (1860)  Art.  4,  sec.  150.    P.  L.  L.,   (1888)  Art.  4,  sec.  148. 

To  license  and  regulate  the  sweeping  of  chimneys  and  fix 
the  rates  thereof,  and  to  regulate  the  sweeping  of  any  chim- 
ney by  the  neglect  of  which  the  city  may  be  endangered,  and 
to  ascertain  and  regulate  the  width  of  those  to  be  built  in  the 
city. 

(4)         COI^DEMNATIO:^  OF  PKOPEKTY. 

1892,  ch.  307.  P.  L.  L..  (1888)  Art.  4.  sec.  14Sa.  1906,  cli.  397.  1906.  ch. 

402.  1908,  ch.  166. 

To  acquire  by  purchase  or  condemnation  any  land  or  any 
interest  therein  which  it  may  require  for  school-houses,  engine- 
houses,  court-houses,  markets,  streets,  bridges  and  their  ap- 
proaches, the  establishment  or  enlargement  of  parks,  squares, 
gardens  or  other  public  places,  the  establishment  of  esplanades, 
boulevards,  parkways,  park  grounds  or  public  reservations, 
around,  adjacent,  opposite,  or  in  proximity  or  leading  to  any 
public  building  or  buildings,  or  which  it  may  require  for  any 
other  public  or  municipal  purpose ;  and  also  any  and  all  land 
and  property  or  interest  in  land  and  property  adjoining  and 
extending  such  distance  as  may-  be  adjudged  necessary  from 
any  property  in  use  or  about  to  be  acquired  for  such  esplanade, 
boulevard,  parkway,  park  grounds  or  public  reservation,  as 
aforesaid,  the  use  of  which  said  adjacent  property  it  may  be 
deemed  necessary  or  beneficial  to  subject  to  lawful  restrictions 
or  control,  in  order  to  better  protect  or  enhance  the  usefulness 
of  such  public  building  or  buildings,  or  in  any  manner  to  pro- 
mote the  interests  of  the  public  therein,  or  to  more  fully 
effectuate  the  purposes  ol  the  establishment  of  such  esplanade, 
boulevard,  parkway,  park  grounds  or  public  reservations ;  and 
to  sell  thereafter  such  adjacent  lands  or  property,  subject  to 
such  reservations  or  restrictions  as  to  the  subsequent  use  thereof, 


9 

as  may  appear  advisable  for  the  protection  of  such  public  build- 
ing or  buildings,  or  for  enhancing  the  usefulness  thereof,  or 
in  any  manner  to  promote  the  interests  of  the  public  therein, 
or  for  better  insuring  the  protection  or  usefulness  of  such 
esplanade,  boulevard,  parkway,  park  grounds  or  public  reserva- 
tions, or  in  any  manner  to  better  accomplish  the  purposes  and 
serve  the  public  interests  for  which  they  shall  have  been  or 
shall  be  established.  The  Mayor  and  City  Council  of  Baltimore 
may  prescribe  the  procedure  for  condemnation  of  any  land 
or  property  situated  wholly  within  the  City  of  Baltimore,  which 
under  the  foregoing  provisions  it  is  authorized  to  condemn, 
but  such  procedure  as  the  said  Mayor  and  City  Council  of 
Baltimore  may  adopt  shall  include  provision  for  reasonable 
notice  to  the  owner  or  owners,  and  for  appeals  to  the  Balti- 
more City  Court  by  any  person  interested,  including  the  Mayor 
and  City  Council  of  Baltimore,  from  the  decision  of  any  com- 
missioners or  other  persons  appointed  to  value  any  such  land  or 
property,  or  interest  therein,  Nothing  herein  contained  shall 
be  construed  as  depriving  the  city  of  any  power  of  condemnation 
for  any  purpose  already  vested  in  it.  The  Mayor  and  City 
Council  of  Baltimore  shall  have  full  power  and  authority  to 
provide  by  ordinance  for  ascertaining  whether  any  and  what 
amount  of  benefits  will  accrue  to  the  owner  or  possessor  of  any 
ground  or  improvements  within  the  City  of  Baltimore  by  reason 
of  the  establishment  or  enlargement  of  any  parks,  squares,  gar- 
dens, esplanades,  boulevards,  parkways,  park  grounds,  public 
reservations  or  other  public  places,  for  which  said  owner  or 
possessor  ought  to  pay  compensation,  and  to  provide  by  ordi- 
nance for  assessing  or  levying  the  amount  of  such  benefits  on 
the  property  of  persons  so  benefited ;  provided,  that  provision 
is  made  therein  for  reasonable  notice  to  the  person  or  persons 
against  whom  sucli  benefits  are  to  be  assessed,  and  provided 
that  provision  be  made  for  appeals  to  the  Baltimore  City  Court 
by  any  person  or  persons  interested,  including  the  Mayor  and 
City  Council  of  Baltimore,  from  the  decision  of  any  board, 
commissioners  or  other  persons  appointed  or  authorized  to  assess 
such  benefits. 

f)'I{rioii  V.  P.altiiiKirc  licit  U.  K.  Co..  74  .Md.  :',"}.  (Uurk  v.  M.iyor, 
Vic.  T'.iilto..  SI   M(l.  :>,-[-,. 

W'hdrcc.t  (1)1(1  IJocLh:  ("oiKk'iiiiiat  ioii  ol'  wliiirt'iif,'!'  mid  (l(ickii;;i'  rij,'lits. 
\'!i  I  nation  of  franchise  riplit  of  wharfafje,  rif^^lit  of  appcllanls  to  dock 
its  own  vessels  at  its  wliarf  an<l  the  iif,'ht  of  aceess  to  sueh  wliarf  over 
njiviyahle  water.  Ileltl  tliat  it  is  impossible  to  sef^reyate  these  elements 
for  jtnrposos  of  valuation  separately  in  the  condemnation  of  same  for 
Iiulilif  inijirovements. 

Mayor  iV  C.  ('.  of  i'.alto.  v.  IJalto.  A:  I'hila.  Steanihoal  Co.,  101  Md.  ISG. 


10 

Condemnation  of  Property:  In  this  connection,  see  also  Baltimore  v. 
Rice,  73  Md.  307;  Van  Witzen  v.  Gutman,  79  Md.  411;  Shanfelter  v. 
Mayor,  etc.,  SO  Md.  483. 

For  recent  cases  relative  to  parties  entitled  to  compensation  when 
land  is  condemned  for  municipal  purposes,  see, 

Mayor,  etc.  Hagerstown  v.  Groh,  101  Md.  560.  Baltimore  City  v. 
Latrobe,  101  Md.  625. 

Mere  inconvenience  of  access,  or  mere  diminution  of  light  and  air  to 
propei'ty   does   not   constitute   a    "taking"   within    the   meaning   of   the 
Constitution.     Such  injury  to  come  within  the  constitutional  provision 
must  be  such  as  to  amount  to  their  substantial  destruction. 
Baltimore  v.  Bregenzer,  125  Md.  78. 

Condemnation  proceedings  for  water  supply. 

Brack  v.  Baltimore,  125  Md.  — . 

A  dedication  of  land  to  public  use  may  be  revoked  before  acceptance 
by  an  exclusive  and  adverse  possession  thereof  by  the  owner. 
Canton  Co.  v.  M.  &  C.  C,  106  Md.  69. 

In  condemnation  proceedings  under  the  Annex  Improvement  Act  of 
1904,  property  liable  for  benefit  assessment  in  street  openings,  even 
though  the  Act  provides  a  loan  out  of  which  expenses  of  condemnation 
may  be  defrayed. 

Lauer  v.  M.  &  C.  C,  110  Md.  447. 

In    street    condemnation    proceedings    the    preliminary    plat    showing 
property  to  be  taken  need  not  show  a  portable  building. 
Whiteley  v.  M.  &  C.  C,  113  Md.  541. 
Street  held  not  to  be  dedicated  to  public  use. 

Bloede  v.  M.  &  C.  C,  115  Md.  594. 

Merely  because  parties  may  receive  from  the  closing  of  a  street  more 
direct  benefits  than  the  public  at  large,   it  does  not  follow  that  the 
closing  of  the  street  is  for  private  and  not  for  public  benefit. 
M.  &  C.  C.  V.  Brengle,  116  Md.  342. 

The  principle  that  damages  are  not  ordinarily  recoverable  for  an 
injury  to  adjacent  land  caused  by  a  lawful  change  in  the  grade  of  a 
public  highway  is  confined  to  cases  in  which  no  part  of  the  abutting 
property  is  taken  and  where  any  land  is  taken  in  a  street  condemnation, 
the  "just  compensation"  required  to  be  paid  under  the  Constitution 
must  include  not  only  the  value  of  the  land  condemned,  but  also  a  due 
allowance  of  damages  for  injury  to  the  remainder. 

M.  &  C.  C.  V.  Garrett,  120  Md.  60S. 

When  the  erection  of  a  structure  in  a  public  street  cuts  off  the  light 
and  air,  and  the  ingress  and  egress  to  and  from  a  building  abutting  on 
said  street,  it  amounts  to  a  taking  of  property  even  though  there  has 
been  no  actual  physical  invasion. 

Walters  v.  M.  &  C.  C,  120  Md.  644. 

Where  a  deed  merely  describes  the  land  conveyed  as  abutting  on  a 
street  which  was  only  referred  to  once,  and  whose  width  is  not  given, 
and  where  there  was  no  evidence  of  any  dedication,  it  was  held  that  no 
dedication  could  be  presumed  from  the  deed. 

M.  &  C.  C.  V.  Yost,  121  Md.  366. 

The  fact  that  Chapter  110  of  the  Acts  of  1910,  authorizing  the  con- 
struction of  the  Fallsway,  provided  a  fund  to  meet  the  cost  and  expenses 


11 

of  the  improvement,  had  no  effect  on  the  po^A•er  of  the  city  and  the 
Commissioners  for  Opening  Streets  to  assess  benefits. 

P.  B.  &  W.  R.  R.  Co.  V.  M.  &  C.  C,  121  Md.  504. 

The  Fallsway  having  been  constructed  under  the  special  authority  of 
Chapter  110  of  the  Acts  of  1910,  there  was  no  legal  necessity  of  giving 
the  notice  required  by  Section  828  of  the  Charter,  in  order  to  render 
benefit  assessments  valid. 

Safe  Deposit  &  Trust  Co.  v.  M.  &  C.  C,  121  Md.  522. 

The  "just  compensation"  required  by  the  Constitution  to  be  paid  when 
private  property  is  taken  for  public  use,  includes  not  only  the  value  of 
the  part  of  the  lot  condemned,  but  also  a  due  allowance  for  damages  for 
any  injury  done  to  the  remainder. 

M.  &  C.  C.  V.  Megary,  122  Md.  20. 

In  condemnation  proceedings  to  close  a  street,  damages  cannot  be 
legally  demanded  for  consequential  injuries  to  property  that  is  several 
squares  distant  from  the  street  closed  and  which  has  means  of  ingress 
and  egress  independent  of  the  street  closed. 

German  Lutheran  Church  v.  M.  &  C.  C,  123  Md.  142. 

In  condemnation  proceedings  to  open  a  public  street,  the  question  of 
whether  the  permanent  grade  should  not  be  established  before  the 
assessment  of  benefits  is  one  within  tl'e  iurisdiction  of  the  Baltimore 
City  Court,  with  the  right  of  an  appeal  from  its  decision  to  the  Court 
of  Appeals. 

M.  &  C.  C.  V.  Johnson,  123  Md.  320. 

When  an  assessment  for  benefits  for  the  opening  of  a  street  has  been 
made  before  the  fixing  of  the  grade,  on  appeal  to  the  Baltimore  City 
Court,  a  prayer  instructing  the  jury  that  there  is  no  evidence  in  the 
case  legally  sufficient  to  justify  an  asses.sment  of  benefits  against  the 
property  is  proper. 

Patterson,  et  al.  v.  M.  &  C.  C.  124  Md.  153. 

When  a  street  is  dedicated  to  the  public  merely  by  deeds  and  plats  of 
the  grantee  and  has  never  been  expressly  or  by  implication  accepted  by 
the  public  authorities  or  ever  used  as  a  street  for  over  sixty  years  after 
such  deeds  were  recorded,  and  where  the  ground  so  dedicated  had  never 
been  paved  or  lighted  but  had  been  enclosed  by  a  fence  and  leased  out 
and  used  by  private  parties,  and  for  over  tliirty  yenrs  flio  inihlic  authori- 
ties had  assessed  and  collected  taxes  on  the  property,  it  was  held  that  the 
city  was  estopped  from  asserting  any  rights  over  the  property  or  from 
accepting  the  dedication. 

M.  &  C.  C.  v.  Canton  Co.,  124  Md.  020. 

Where  in  a  conveyance  of  land  the  description  is  by  reference  to 
streets  designated  as  sucli  in  the  conveyance  or  on  a  map  made  by  the 
city  or  by  the  owner  of  the  property,  there  is  an  implied  covenant  that 
the  purchaser  shall  have  the  use  of  such  streets,  and  such  conveyance 
is  evidence  tending  to  establish  a  dedication  of  the  streets  so  referred 
to,  if  at  the  time  of  the  deed  the  title  in  the  beds  of  the  streets  was  in 
the  grantor. 

P.  B.  &  W.  R.  R.  Co.  v.  M.  &  C.  C,  124  Md.  G35. 

The  city  has  no  power  to  assess  benefits  which  materially  amount  to 
more  than  the  aggregate  of  damages  and  expenses,  and  It  Is  the  duty 
of  the  Commissioners  for  Opening  Streets  to  (li'iluct  ilic  excess,  if  ilicy 
find  such,  pro  rata. 

Md.  Trust  Co.  v.  M.  &  C.  ('..    ILT)   M-l.    Id. 


12 
(5)         FIRE. 

p.  L.  L.,    (1860)    Art.  4,  sees,  29,  30,  236-238,  249.     1878,  cli.  120. 
1884,  ch.  312.    1886,  eh.  463.    1888,  ch.  393.    P.  L.  L.,  (1888)  - 
Art.  4,  sees.  312-315C,  324,  328.    1894,  ch.  190. 

To  establish  and  regulate  fire  wards  and  fire  companies,  and 
all  matters  pertaining  to  the  prevention  and  extinguishment  of 
fires.  To  appropriate  a  sum  of  money  annually  for  the  relief 
of  disabled  and  superannuated  firemen,  for  the  relief  of  the 
widows  and  children  of  firemen  who  have  been  killed  in  the 
discharge  of  duty,  and  to  provide  by  general  ordinance  for 
giving  pensions  to  employees  of  the  Baltimore  Fire  Department 
who  may  become  unable  to  perform  further  service,  by  reason 
of  age,  or  other  physical  or  mental  disabilities.  To  retire  from 
office  in  the  Fire  Department  any  permanent  or  called  member 
thereof  who  has  become  permanently  disabled  while  in  the  actual 
performance  of  duty,  or  has  performed  faithful  service  in  the 
department  for  a  period  of  not  less  than  twenty  consecutive 
years,  and  placing  the  member  so  retired  upon  a  pension  roll, 
the  amount  of  annual  pension  to  each  pensioner  to  be  an  amount 
equal  to  one-half  the  yearly  amount  then  being  received  by 
him,  for  service  in  said  department  at  the  time  of  such  retire- 
ment, per  annum,  payable  in  monthly  installments.  To  appro- 
priate annually  such  sums  of  money  as  shall  be  sufficient  to 
pension  all  such  members  of  the  Fire  Department  as  shall  be 
upon  the  pension  roll.  To  regulate  the  evil  and  pernicious  prac- 
tice of  firing  or  discharging  crackers  within  the  limits  of  said 
city,  either  by  prohibiting  sale  of  the  crackers  or  otherwise.  To 
erect  and  provide  magazines  for  the  storage  of  gunpowder 
brought  to  the  city  and  to  compel  the  storage  of  same  therein, 
and  to  regulate  the  price  of  said  storage.  To  regulate  the 
storage  of  naval  stores  and  other  combustible  matter  in  such 
quantities  or  in  such  places  in  the  city  as  may  be  deemed  dan- 
gerous. To  provide  for  the  inspection  of  oils  or  fluids  made 
from  petroleum  or  its  products,  to  be  used  for  illuminating 
purposes,  offered  for  sale  in  the  City  of  Baltimore,  and  for  the 
appointment  of  inspectors  for  that  purpose,  and  to  impose  such 
fines  and  penalties  as  it  may  deem  necessary  and  proper  in  the 
premises.  To  fix  by  ordinance  the  standard  or  flashing  point  of 
oils,  or  fluids  made  from  petroleum  or  its  products,  used  for 
illuminating  purposes,  and  offered  for  sale  in  said  city,  and  to 
provide  for  the  inspection  of  the  same,  and  for  the  appointment 
of  inspectors  for  that  purpose. 

Where  a  municipality  furnishes  water  gratuitously  to  be  xised  in 
extinguishing  fires  it  acts  in  a  governmental  capacity  and  is  not  liable 
for  negligence  in  connection  with  its  water  works. 

Wallace  v.  Baltimore,  123  Md.  638. 


13 

(6)         FISH. 

To  regulate  the  sale  or  disposition  of  fish  within  the  limits 
of  the  City  of  Baltimore;  to  impose  fines  or  penalties  for  the 
violation  of  any  regulation  it  may  establish. 

(7)   FRUITS,  MEATS,  VEGETABLES  AND  OTHER 

ARTICLES. 

p.  L.  L.,  (1S8S)  Art.  4,  sec.  646A.    1890,  ch.  100. 

To  license  and  regulate  the  sale  of  fresh  fruits,  meats,  vege- 
table and  all  other  perishable  articles  in  the  City  of  Baltimore. 

(8)    HARBOR,  DOCKS  Al^D  WHARVES. 

p.  L.  L.,    (1860)   Art.  4,  sees.  263,  264,  265,  266,  271,  272,  793,  794,  796, 

944,   945.     1880,   ch.  418.     1884,  ch.   230.     1884,  ch.  309. 

1888,  ch.  261.    P.  L.  L.,  (1888)  Art.  4,  sees.  343, 

344,  346-350,  355-357,  367-368.    1908, 

ch.  148.     1912,  ch.  32. 

1914,  ch.  144. 

To  provide  for  the  preservation  of  the  navigation  of  the 
Patapsco  River  and  tributaries,  including  the  establishment 
of  lines  throughout  the  entire  length  of  said  Patapsco  River 
and  tributaries,  beyond  which  lines  no  piers,  bulkheads,  wharf, 
pilings,  structures,  obstructions  or  extensions  of  any  character 
may  be  built,  erected,  constructed,  made  or  extended ;  to  provide 
for  improving,  cleaning  and  deepening  said  river  and  tribu- 
taries, and  the  removal  therefrom  of  anything  detrimental  to 
navigation  or  health ;  to  provide  for  and  regulate  the  stationing, 
anchoring  and  moving  of  vessels  or  other  water  craft,  and  to 
prevent  any  material,  refuse  or  matter  of  any  kind  from  being 
thrown  into,  deposited  in  or  placed  where  the  same  may  fall, 
or  be  washed,  into  said  river  or  tributaries ;  to  make  surveys  or 
charts  of  the  Patapsco  River  and  tributaries,  and  to  ascertain 
the  depth  and  course  of  the  channels  of  the  same;  and  when 
necessary  in  its  judgment,  to  affix  buoys  or  water  marks  for 
facilitating  and  rendering  more  safe  the  navigation  thereof ;  to 
erect  and  maintain  and  to  authorize  the  erection  and  main- 
tenance of,  and  to  make  such  regulations  as  it  may  deem  proper, 
respecting  wharves,  bulkheads,  piers  and  piling,  and  the  keep- 
ing of  the  same  in  repair,  so  as  to  prevent  injury  to  navigation 
or  health;  to  regulate  the  use  of  public  wharves,  docks,  piers, 
bulkheads  or  pilings,  and  to  lease  or  rent  the  same,  and  to 
impose  and  collect  dockage  from  all  vessels  and  water  craft  lying 
at  or  using  the  same,  and  to  collect  wharfage  and  other  charges 
upon  all  goods,  wares,  merchandise  or  other  articles  landed  at. 


14 

shipped  from,  stored  on  or  passed  over  the  same ;  to  provide 
for  the  appointment  of  such  officers  aud  employees  as  may  be 
necessary  to  execute  the  aforegoing  powers  and  to  impose  lines 
or  penalties  for  a  breach  of  any  ordinance  passed  in  conformity 
herewith,  said  fine  not  to  exceed  two  hundred  dollars  ($200) 
for  any  one  offence.  Provided,  however,  that,  except  in  regard 
to  docks  or  wharves  owned  by  the  Mayor  and  City  Council  of 
Baltimore,  nothing  contained  in  this  Act  shall  be  construed  to 
impose  any  duty  upon  the  Mayor  and  City  Council  of  JJalti- 
more  to  any  person  or  corporation  using  said  river,  or  any  of 
its  tributaries,  in  regard  to  the  safety  thereof,  or  to  render  the 
said  Mayor  and  City  Council  of  Baltimore  liable  for  any  loss 
of  life,  or  injury  or  damage  to  person  or  property,  by  reason 
of  any  obstruction  in,  or  unsafe  condition  of,  any  part  of  said 
river,  or  of  said  tributaries  or  branches,  or  either  of  them. 
Nothing  contained  in  this  Act  shall  be  so  construed  as  to  render 
the  City  of  Baltimore,  or  any  of  its  officers,  liable  in  damage 
or  otherwise  to  any  person  or  persons,  or  corporations,  for  any 
omissions  to  pass  any  ordinance,  regulation  or  resolution  pur- 
suant to  the  provisions  hereof,  or  for  a  failure  to  enforce  the 
same. 

Classen  v.  Chesapeake,  SI  Md.  258.  M.  &  C.  C.  of  Balto.  v.  St.  Agnes 
Hospital,  48  Md.  419.  Harrison  v.  Sterrett,  4  H.  &  McH.  540.  Girauds' 
r.essee  v.  Hughes,  1  G.  &  .T.  249.  Dugan  v.  Mayor,  5  G.  &  J.  357.  Ber- 
nard V.  Torrence,  5  G.  &  J.  394.  Wilson  v.  Inloes,  11  G.  &  J.  351.  Casey's 
Lessee  v.  Inloes,  1  Gill  430.  Mayor,  etc.  v.  White,  2  Gill  444.  The  wharf 
case,  3  Bland  361.  Baltimore  v.  McKim,  3  Bland  453.  Hammond's 
Les.see  v.  Inloes,  4  Md.  138.  Patterson  v.  Gelston,  23  Md.  443.  Broad- 
way, etc.  Co.  V.  Hankey,  31  Md.  346.  Page  v.  Mayor,  .34  Md.  558.  Gar- 
rittee  v.  Mayor,  53  Md.  422.    McMurray  v.  Mayor,  54  Md.  103. 

Actional  negligence  cannot  be  injputed  to  the  city  for  mistake  of 
judgment,  or  even  negligence,  of  its  officers  in  performing  govern- 
mental function  of  selecting  a  place  for  the  loading  of  explosives,  from 
which  it  derives  no  profit. 

Foard  Co.  et  al.  v.  State  of  Md.  etc.,  219  Fed.  Kept.  827. 

The  one  subject  of  an  act  being  the  charter  powers  and  obligations  of 
the  city,  an  act  repealing  and  re-enacting  several  sections  of  the  City 
Charter  is  not  invalid  under  Section  29  of  Article  3  of  the  State 
Constitution. 

Foard  Co.  et  al.  v.  State  of  Md.  etc..  219  Fed.  Rept.  827. 

(9)         HEALTH. 

p.  L.  L.,   (1860)   Art.  4,  sec.  797.     1886,  ch.  396.     1890,  ch.  509. 
P.  L.  L.,   (1888)  Art.  4,  sees.  378  and  400. 

To  preserve  the  health  of  the  city.  To  prevent  and  remove 
nuisances.  To  prevent  the  introduction  of  contagious  diseases 
within  the  city,  and  within  three  miles  of  the  same  upon  land. 


15 

and  within  fifteen  miles  thereof  upon  the  navigable  waters  lead- 
ing thereto.  To  regulate  the  places  of  manufacturing  soap  and 
candies,  the  erecting  of  slaughter  houses  and  distilleries,  and 
where  every  other  oifensive  trade  may  be  carried  on.  To  regu- 
late the  construction,  care,  use  and  management  of  tenement 
houses,  lodging  houses  and  cellars  in  the  City  of  Baltimore,  for 
the  better  protection  of  the  lives  and  health  of  the  inmates  dwell- 
ing therein. 

Harrison  v.  Mayor,  &c.,  1  Gill  264.  Mayor  v.  Brannan,  14  Md.  227. 
N.  C.  Ry.  Co.  V.  Baltimore,  21  Md.  105.  Altvater  v.  Baltimore,  31  Md. 
466.  Mayor,  &c.,  v.  Radecke,  49  Md.  217.  Boelim  v.  Mayor,  &c.,  61 
Md.  259.  State  v.  Mott,  61  Md.  297.  Deems  v.  Mayor  &  C.  C.  of  Balto., 
SO  Md.  170.  Cochrane  v.  Frostburg.  81  Md.  54.  Hagerstown  v.  Witmer, 
86  Md.  293.     Balto.  v.  Fairfield  Improvement  Company,  87  Md.  352. 

Decisions   Defining  the  Powers  of  a  Municipal  Corporation  in  Relation  to 
Public  Health,  Safety  and  Similar  Police  Powers. 

HEALTH   ORDINANCES. 

Poiver  of  Municipal  Corporation  to  pass  same.  It  is  not  for  Courts  of 
Justice  to  say  that  a  given  enactment  passed  by  the  Legislature  in  virtue 
of  the  police  power,  and  having  a  direct  relation  to  it  is  void  for  unrea- 
sonableness; but  whenever  power  has  been  delegated  by  the  Legislature 
to  a  municipal  corporation  to  adopt  and  promulgate  ordinances  for  the 
protection  of  the  public  health,  morals  or  safety,  the  reasonableness  of 
the  measures  enacted  by  the  municipality  is  a  feature  to  which  the 
courts  look  to  see  whether  the  measure  is  within  the  power  granted. 

State  v.  Hyman,  98  Md.  618. 

INFECTIOUS  AND  CONTAGIOUS  DISEASES. 
Small  Pox.     Expenses  of  Disinfection. 

See,  Harrison  v.  Mayor,  1  Gill  264. 

NUISANCES  GENERALLY. 
There  is  no  prescriptive  right  to  maintain  a  public  nuisance. 
P.  W.  &  B.  R.  R.  Co.  v.  State,  20  Md.  1.57.     N.  C.  Ry.  Co.   v.  Balti 
more,  21  Md.  105. 
As  to  duty  of  City  to  prevent  public  nuisances,  see, 

Mayor   v.   Brannan,    14   Md.   227. 
A  private  individual  cannot  maintain  an  action  for  damages  resulting 
from  a  public  nuisance  unless  he  suffers  some  special  injury.  The  remedy 
is  by  indictment. 

Harrison  v.  Sterrett,  4  H.  &  McH.  550. 
A  municipal  corporation,  without  any  general  laws,  either  of  the  City 
or  of  the  State,  within  wliicli  a  given  structure  can  be  sliown  to  bo  a 
nuisance,  cannot  by  a  mere  declaration  that  it  is  one,  subject  it  to 
removal  by  any  person  supposed  to  be  aggrieved,  or  even  by  the  city 
itself. 

New  Windsor  v.  Stocksdale,  95  Md.  215. 
The    municipality   cannot.    l)y    merely    declaring   a    structure   over   n 
(iedi>ale(l  alley  not  yet  occupied  liy  it.  a  nuisance,  remove  fbe  smiiic.  but 
the  fact  that  it  was  a  nuisance  should  have  been  lirst  establislied  lieroie 
a  court  of  competent  jurisdiction. 

Frostburg  v.   Ilitchlns,  99  Md.  617. 


16 

Particular  Nuisances. 
Batvdy  House.    A  bawdy  house  is  a  public  nuisance  which  may  be 
eiijomeci  if  a  continuing  nuisance  and  in  addition  a  suit  for  damages  will 
lie  for  the  depreciation  of  property  resulting  from  its  maintenance. 
Hamilton  v.  Whitridge,  11  Md.  143. 
nridffe.     When  a  defective  bridge  may  be  a  nuisance, — 

-See,  P.  W.  &  B.  R.  R.  Co.  v.  State,  20  Md.  157. 
liuildings.    A  dilapidated  building  or  wall,  menacing  the  users  of  the 
street,  is  a  nuisance. 

Murray  v.  McShane,  52  Md.  217. 
Cattle  running  at  Large,  See, 

Cochrane  v.  Frosthurg,  SI  Md.  54. 
Cess-pools   in   Toicns.    See, 

Sprigg  V.  Garrett  Park,  89  Md.  410. 
Coasting  in  Streets  or  on  Sidewalks.   When  a  nuisance  which  city  is 
bound  to  prevent;  see, 

Altvater  v.  Mayor,  31  Md.  466.    Taylor  v.  Cumberland,  64  Md.  6S. 
Dogs  Running  at  Large.    Validity  of  ordinances  providing  for  killing 
of  same  sustained. 

City  of  Hagerstown  v.  Witmer,  86  Md.  293. 
Drains.    Overflow  from  drains  flooding  lands,  see, 

Guest  V.  Commissioners  of  Church  Hill,  90  Md.  689. 
Elevated  Structures.    Not  necessarily  a  public  nuisance,  see, 
Garrett  v.  Lake  Roland  Elv.  R.  R.  Co.,  79  Md.  286. 
Fertilizer  Factory.    When  a  nuisance.    Prescriptive  right  where  plain- 
tiff "came  to  the  nuisance,"  discussed. 

Susquehanna  Fertilizer  Co.  v.  Malone,  73  Md.  268. 
Ice  on  Footways.    Duty  and  liability  of  municipality  arising  therefrom 
discussed.  Baltimore  v.  Marriott,  9  Md.  174. 

Lime  Kilns.  A  particular  use  of  property  declared  a  nuisance  by  an 
ordinance  of  a  municipal  corporation,  did  not  make  such  use  a  nuisance, 
unless  it  be  so  in  fact,  according  to  the  common  law  or  statutory  defini- 
tion of  a  nuisance. 

State  V.  Mott,  61  Md.  259. 
Livery  Stable.    Declared  not  to  be  a  nuisance  per  se,  but  may  become 
so  by  its  construction  or  use. 

Commissioners  of  Easton  v.  Covey,  74  Md.  262.  Metropolitan  Savings 
Bank  v.  Manion,  87  Md.  68.     Gallegher  v.  Flury,  99  Md.  187. 

A  stable  for  horses  is  not  a  nuisance  per  se,  and  the  erection  of  one 
will  not  be  enjoined  merely  because  it  may  become  one  from  the  way  it 
may  be  managed. 

King  v.  Hamill,  97  Md.  107. 
Markets.     Duty  of  City  to  prevent  nuisances  in  markets.     Hole  in 
market  place.  Mayor  v.  Brannan,  14  Md.  227. 

Navigable  Waters.  Obstruction  of  navigable  waters  of  Patapsco  by 
deposits  of  mud  and  sediments. 

Garrittee  v.  M.  &  C.  C.  of  Baltimore,  53  Md.  422. 
Noxious  Gases  from  Fertilizer  Factories,  see. 

Fertilizer  Co.  v.  Spangler,  86  Md.  562. 
Obstructions  in  Public  Streets,  constitute  a  public  nuisance  and  the 
remedy  is  by  indictment. 

Fort  V.  Graves,  29  Md.  188.    Houck  v.  Wachter,  34  Md.  265. 


17 

Offensive  Trades.  Rules  for  determiuing  when  they  .constitute  a 
nuisance. 

Horner  v.   State,   49  Md.  277. 
As  to  whether  noises,  smell  and  the  like  physical  discomforts  arising 
from  the  prosecution  of  a  commendable  and  necessary  trade  or  business 
will  be    treated  as  constituting  a  nuisance,  see, 

Gibbons  v.  Becker,  Daily  Record,  February      21,  1893.     Cf.,  Berge  v. 
Baltimore  Cemetery  Co.,  Daily  Record,  October  26,  1889. 
Pest  Houses.     Leprosy,  when  a  nuisance,  see, 

Baltimore  City  v.  Fairfield  Imp.  Co.,  87  Md.  352. 
Privies.    When  a  nuisance,  see, 

Boehm  v.  Baltimore,  61  Md.  259. 
Authority  of  State  Board  of  Health  to  compel  installation  of  sewers 
in  various  counties  of  State  and  in  Baltimore  City. 

Welch,  et  al.  v.  Coglan.  et  al..  Daily  Record,  April  21,  1915. 
Shade  Trees.     Not  removable  by  a  municipal  corporation  unless  they 
constitute  a  nuisance. 

Frostburg  v.   Wineland.  98  Md.   239. 
Slaughter  Houses.     Blood,  ofCal  and  refuse  from  slaughter  houses  let 
hito  a  mill  race  rendering  water  offensive  and  impure  constitute  a  public 
nuisance.  Woodyear  v.  Henry  Schaefer,  57  Md.  1. 

Smoke,  Noxious  Vapor,  etc.  Smoke,  noxious  vapor,  noise  and  vibra- 
tion in-oductive  of  active  physical  discomfort  and  rendering  one's  habi- 
tation unfit  and  unsafe  is  a  nuisance,  though  the  business  may  be  lawful. 

Dittman  v.  Repp,  50  Md.  516. 
Smoke,  Noise,  Tihration.     Smoke,  steam  and  cinders  from  a  chimney; 
when  a  nuisance,  see, 

Lurssen  v.  Lloyd.  76  Md.  360.    Euler  v.  Sullivan,  75  Md.  616. 
Steam  Boiler.     Not  a  nuisance  per  se.    An  ordinance  committing  to  an 
official  the  power  to  declare  a  steam  boiler  a  nuisance  and  to  demand  its 
removal  without  a  provision  to  determine  whether  it  is  a  nuisance  in 
fact,  is  void.  Baltimore  v.  Radecke,  49  Md.  217. 

Toll  Gate.  A  toll  gate  upon  a  highway  unauthorized  is  a  public 
nuisance.  Schall  v.  Nusbaum,  56  Md.  512. 

(10)         HOSPITALS. 

p.  L.  L.,  (1860)  Art.  4,  sec.  31.    P.  L.  L.,  (1888)  Art.  4,  sec.  409. 
To  erect  or  establish  houses  of  correction,  ahiishonses,  refor- 
matories, hospitals  or  pest-houses,  within  or  without  the  city, 
if  necessary,  and  make  all  regulations  for  the  government  of 

the  same. 

Baltimore  City  v.  Fairfield  Imp.  Co.,  87  Md.  352. 

(11)         INSPECTIONS. 

I'.  L.  L.,   (1S60)  Art.  4.  sees.  28,  942.  943.     P.  L.  L.,   (1888)   Art.  4,  sees. 
425-427.     1894,  ch.  53.     1896,  ch.  273. 

To  establish  and  regulate  inspections  within  the  city.     To 

make  the  standard  of  weights  and  measures  the  same  iu  the 

City  of  Baltimore  as  in  the  rest  of  the  State,  and  rufm-c  tlio 


18 

same  by  inspection.  To  regulate  and  fix  the  assizing  of  bread. 
To  provide  by  ordinance  for  the  proper  inspection  of  milk  or 
any  and  all  other  food  products  oifered  for  sale  in  the  City  of 
Baltimore  or  intended  for  consumption  therein ;  to  make  and 
from  time  to  time  to  alter  such  regulations  in  regard  to  the 
sale  of  milk  or  any  or  all  other  food  products  as  to  it  may  seem 
necessary  to  protect  the  public  health ;  and  to  provide  by  fine  of 
not  more  than  one  hundred  dollars  for  each  ofTense  for  the 
punishment  of  violations  against  such  regulations  and  ordi- 
nances ;  to  provide  for  such  number  of  inspectors  or  analysts 
as  it  may  deem  necessary,  and  to  fix  their  duties  and  compen- 
sation, and  from  time  to  time  change  the  number,  duties  and 
compensation  of  said  inspectors  and  analysts.  To  provide  by 
ordinance  for  the  proper  inspection  of  all  bakeries,  bake  shops, 
candy  factories,  confectioneries,  or  other  places  for  the  manu- 
facture of  bread,  cakes,  confectionery  and  similar  food  products, 
for  the  purpose,  more  especially,  of  ascertaining  their  sanitary 
condition  and  cleanliness,  and  for  the  purpose  of  ascertaining 
the  purity,  healthfulness  and  wholesomeness  of  the  flour,  sugar, 
butter,  lard  and  other  ingredients  used  in  making  such 
bread,  cakes,  confectionery  and  other  articles  of  food  offered 
for  sale  in  the  City  of  Baltimore,  or  intended  for  consumption 
therein;  to  make  and  from  time  to  time  alter  such  regulations 
or  ordinances  in  regard  to  the  sale  of  said  food  products  as  to  it 
may  seem  necessary  to  protect  the  public  health,  and  to  provide 
by  fine  of  not  less  than  twenty  dollars  nor  more  than  one  hun- 
dred dollars  for  each  offense  for  the  punishment  of  violations 
against  such  regulations  and  ordinances;  to  provide  for  such 
number  of  inspectors  and  analysts  as  it  may  deem  necessary, 
and  to  fix  their  duties,  qualifications  and  compensation. 
State  V.  Broadbelt,  89  Md.  565. 
As  to  power  to  regulate  inspection  of  millv,  see^ 

Deems  v.  Mayor  &  C.  C.  of  Balto.,  SO  Md.  164. 

(12)  JAIL. 

1S6S,  ch.  3.     P.  L.  L.,   (1888)  Art.  4,  sec.  536. 
To  own,  regiilate  and  control  the  Jail  of  Baltimore  City. 

(13)         JO^TES'  FALLS. 

1864,  ch.  163.  1870,  ch.  115.  1870,  ch.  113.  P.  L.  L..  (1888)  Art.  4, 

sees.  574-578,  581,  582. 

To  make  such  improvements  in  connection  with  Jones'  Falls 
as  in  its  judgment  are  desirable,  and  for  this  purpose  to  change 
the  course,  lines  and  boundaries  of  said  stream,  in  whole  or 


19 

part ;  to  widen  and  deepen  the  same ;  to  lay  out  and  construct 
on  the  sides  and  adjacent  to  said  stream,  streets,  avenues  and 
wharves.;  to  construct  all  such  sewers  and  drains  in  said  city  as 
shall  be  deemed  requisite  in  connection  with  said  improvement ; 
and  generally  to  do  all  such  things,  and  exercise  all  such  powers, 
as,  in  its  judgment,  shall  be  necessary  to  be  done  and  exercised 
for  the  accomplishment  of  any  plans  for  the  improvement  of 
Jones'  Falls  which  have  been  or  may  be  adopted  by  it.  To  have 
power  at  any  time  to  acquire  all  property  of  every  kind  and 
description  which  may  be  necessary  or  advisable,  in  its  judg- 
ment, to  acquire,  for  the  accomplishment  of  the  purposes  men- 
tioned, and  shall  moreover  have  full  power  to  provide  for  the 
ascertainment  of  the  value  of  all  property  and  rights  of  prop- 
erty which  it  is  thus  authorized  to  acquire,  and  to  ascertain 
whether  any  and  wiiat  amount,  in  value,  of  damages  will  be 
caused  by  the  construction  of  the  aforesaid  works  of  improve- 
ment in  connection  with  Jones'  Falls,  or  any  of  them,  to  the 
owner  or  possessor  of  any  property,  or  rights  of  property,  within 
the  said  city,  for  which  the  owner  or  possessor  ought  to  be  com- 
pensated, and  to  ascertain  what  amount  of  benefits  will  be  caused 
by  the  construction  of  the  aforesaid  works  of  improvement,  or 
any  of  them,  to  the  owner  or  possessor  of  any  property  or  rights 
of  property,  for  which  said  owner  or  possessor  ought  to  pay  a 
compensation,  and  to  provide  for  assessing  or  levying,  either 
generally  on  the  whole  assessable  property  of  the  city,  or  especi- 
ally on  the  property  of  persons  benefited,  the  whole  or  any 
part  of  the  damages  and  expenses  which  it  sliall  be  ascertained 
will  be  incurred  in  constructing  such  works  in  connection  with 
the  improvement  of  Jones'  Falls,  as  it  has  determined  or  shall 
determi]ie  to  make.  To  provide  for  granting  appeals  to  Balti- 
more City  Court  from  the  decision  of  any  Commissioners,  or 
other  persons  appointed  by  virtue  of  any  ordinance,  to  ascertain 
the  value  of  the  property  which  the  city  may  wish  to  acquire  foi- 
the  purposes  aforesaid,  or  the  damages  which  will  be  caused, 
or  the  benefits  which  will  accrue,  by  the  construction  of  the 
aforesaid  works  of  improvement,  and  to  secure  to  every  owner 
or  possessor  of  any  property,  or  right  of  property,  which  it  may 
thus  purpose  to  acquire,  or  which  may  thus  be  decided  to  be 
damaged  or  benefited,  the  right  on  application  within  a  time  to 
be  prescribed  by  ordinance,  to  have  decided  by  a  jury  trial,  the 
true  value  of  the  property  proposed  to  be  acquired  for  the  ])ur- 
poses  aforesaid,  and  whether  any  and  what  damage  will  be 
caused,  or  any  and  what  benefits  will  accrue  to  the  owner  ni- 
possessor  of  the  property  so  assessed  for  damages  or  bcnclils 


20 

respectively,  and  to  provide  for  collecting  and  paying  over  the 
amount  of  compensation  adjudged  to  each  person  entitled,  or 
invest  it  in  the  stock  of  the  said  city,  for  the  use  of  the  person 
so  adjudged  to  be  entitled  to  the  same,  and  to  provide  for  col- 
lection, by  the  sale  of  the  property  assessed,  or  otherwise,  of  all 
sums  assessed  as  benefits  aforesaid,  and  generally  to  enact  and 
pass  all  ordinances,  from  time  to  time,  which  shall  be  deemed 
necessary  and  proper  to  exercise  the  powers  and  effect  the  objects 
for  the  exercise  and  accomplishment  of  which  this  paragraph  of 
this  section  is  passed.  To  define  and  locate  the  limits  of  J  ones' 
Falls  within  the  City  of  Baltimore,  and  to  acquire  by  purchase 
or  condemnation,  under  proceedings  for  which  provision  is  made 
in  this  Article,  the  absolute  and  exclusive  right  and  title  to 
all  the  land  and  rights  of  property  embraced  within  the  said 
limits,  and  in  the  ground  covered  by  all  streets  or  avenues  which 
it  may  lay  out  and  condemn  on  the  sides  of  the  stream,  and  it 
shall  have  an  estate  in  fee  simple  in  the  same.  It  shall  have 
power  and  is  authorized  to  construct  wharves  or  quays  along 
the  margin  of  said  stream,  or  use  the  said  streets  or  avenues  for 
wharf  or  quay  purposes,  and  collect  tolls  or  wharfage  from  all 
vessels  or  boats  using  the  same.  To  make  such  changes  in  the 
grades  of  the  streets  in  the  City  of  Baltimore  as  shall,  in  its 
judgment,  be  necessary  for  the  proper  construction  of  works 
connected  with  the  improvement  of  Jones'  Falls,  which  it  may 
determine  to  construct,  and  it  shall  not  be  necessary,  in  order  to 
make  such  changes  in  the  grades  of  streets,  to  obtain  the  consent 
of  any  of  the  proprietors  of  the  ground  fronting  on  said  streets, 
or  affected  by  such  changes.  To  make  such  provisions  as  it 
shall  deem  best  for  defraying  the  cost  of  grading  and  paving 
of  any  streets  or  avenues  which  it  may  lay  out  and  condemn 
along  the  margin  or  side  of  Jones'  Falls.  To  issue  bonds  to  an 
amount  not  exceeding  two  million  five  hundred  thousand  dollars, 
from  time  to  time,  as  the  same  may  be  required  in  the  course  of 
the  construction  of  the  works  connected  with  the  improvement 
of  Jones'  Falls,  for  the  construction  of  which  provision  is  made 
by  the  ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
entitled  ''An  ordinance  to  provide  for  the  improvement  of 
Jones'  Falls  within  the  limits  of  the  City  of  Baltimore,  and  to 
open  avenues  and  construct  sewers  on  the  borders  thereof,"  the 
said  bonds  to  be  issued  in  sums  of  not  less  than  one  hundred 
dollars  each,  redeemable  in  thirty  years,  and  bearing  interest 
at  6  per  cent,  per  annum,  payable  quarterly,  transferable  as 
other  city  bonds,  as  provided  in  sections  one  and  two  of  an 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore,  entitled 


21 

"An  ordinance  to  authorize  the  issuing  of  bonds  of  the  City  of 
Baltimore,  for  the  purpose  of  providing  means  for  the  improve- 
ment of  Jones'  Falls,"  approved  January  31,  1870;  provided 
that  said  bonds  shall  not  be  issued  unless  the  last  mentioned 
ordinance  shall  be  approved  by  the  votes  of  a  majority  of  the 
legal  voters  of  the  said  city,  cast  at  the  time  and  places  provided 
for  in  the  last  mentioned  ordinance.  To  compel  any  indi- 
viduals, companies  or  bodies  politic,  owning  property  binding 
on  Jones'  Falls,  within  the  limits  of  the  city,  to  wall  up  such 
property,  so  far  as  the  same  may  bind  on  the  falls,  with  a  good 
and  sufficient  stone  wall,  to  such  height  as  in  its  judgment  the 
public  good  may  require,  and  to  have  the  same  backed  up  or 
filled  in  with  earth,  so  as  to  secure  the  same  and  the  adjacent 
property  from  danger  of  being  inundated  with  water ;  and  when- 
ever it  may  deem  necessary,  to  compel  individuals,  companies 
or  bodies  politic,  to  rebuild  or  repair,  in  a  good  and  sufficient 
manner,  any  stone  wall  owned  by  them  and  binding  on  Jones' 
Falls  within  the  limits  of  the  City  of  Baltimore;  and  should 
any  individuals,  companies  or  bodies  politic  neglect  or  refuse 
to  wall  up  Jones'  Falls,  rebuild  or  repair  any  such  wall  within 
the  limits  of  the  City  of  Baltimore,  when  required  so  to  do,  the 
said  city  may  cause  the  same  to  be  done,  and  it  is  authorized  and 
empowered  to  recover  the  cost  of  such  wall,  rebuilding  or  repair- 
ing, by  suit  at  law,  from  the  party  who  may  have  refused  or 
neglected  to  build,  rebuild  or  repair  such  wall ;  and  the  cost  of 
such  wall  shall  be  a  lien  on  the  property  so  walled  up  or  re- 
paired. 

M.  &  C.  C.  of  Baltimore  v.  Lefferraan,  4  Hill  425.  Merrick  v.  Mayor, 
4.S  M(l.  219.  Mayor,  etc.,  v.  MusRrave,  48  Md.  272.  GresK  v.  Mayor, 
56  Md.  256.     f^ee  Norwood  v.  Balder,  172  U.  S.  83. 

In  Lefferman's  case  above  cited,  it  was  held  that  Act  1S21,  ch.  2.52  on 
same  subject  was  unconstitutional,  because  it  imposed  the  whole  ex- 
pense of  a  public  improvement  on  the  individual  immediately  benefited. 

But  all  the  expense  of  constructing  sidewalks  may  be  imposed  on 
abutting  property. 

Hyattsville  v.  Smith.  105  Md.  318.  Bassett  v.  Ocean  City,  118  Md.  114. 
Chicago  V.  Janesville,  28  L.  R.  A.  (New  Series),  1125  and  notes. 

See  Act  1910,  ch.  110,  quoted  in  sees.  826p.,  S26q.,  826r.,  S2(;s.  and 
826t. 

(14)         LICENSES. 

p.  L.  L.,  (1860)  Art.  4,  sec.  27.    1878,  ch.  414.    1888,  ch.  495. 
P.  L.  L.,  (1888)   Art.  4,  sees.  654,  657,  658,  664. 
To  license,  tax  and  regulate  all  businesses,  trades,  axocal  ions 
or  professions.     To  license,  regulate,  ta.x  or  suppress  hawkers, 
peddlers,  brokers,  pawnbrokers,  intelligence  offices,  street  exhibi- 
tions or  fortune-tellers. 


22 

state  V.  Applegarth,  81  Md.  293.     Salfner  v.  State,  S4  Md.  ".01.     Gain- 
bridge  V.  AVater  Co.,  99  Md.  .501. 
See  cases  under  "Markets." 

(14a)         LIBRAEIES. 

1908,  ch.  144. 

The  Mayor  and  City  Council  of  Baltimore  is  authorized  and 
empowered  to  appropriate  and  pay  over  such  sum  or  sums,  as 
it  shall  from  time  to  time  deem  proper,  for  the  equipment,  main- 
tenance or  support  of  the  Enoch  Pratt  Free  Library  of  Balti- 
more City,  or  of  any  other  free  public  library  in  Baltimore  City, 
or  of  the  branches  of  the  Enoch  Pratt  Library  of  Baltimore 
City,  or  of  any  other  free  public  library  in  Baltimore  City,  pro- 
vided, that  the  title  or  ownership  of  the  property  of  every  such 
library  or  branch  is  vested  in  the  said  Mayor  and  City  Council 
of  Baltimore. 

(15)         MARKETS. 

P.  L.  L.,  (1860)  Art.  4,  sees.  631,  635,  638,  639,  640,  651.    P.  L.  L.,  (ISSS) 
Art.  4,  sees.  671,  675,  678,  679,  680,  691. 

To  erect,  regulate,  control  and  maintain  markets  and  stalls 
within  the  City  of  Baltimore,  and  to  regulate  and  control  the 
sale  of  all  goods,  wares,  merchandise  and  other  articles  therein. 
To  lease,  sell  or  dispose  of  any  stalls  or  stands  in  any  market, 
in  such  manner  and  upon  such  terms  as  it  may  think  proper. 
To  contract  for,  purchase,  lease  and  hold  to  it  and  its  successors, 
in  fee  simple,  or  for  a  term  of  years,  renewable  from  time  to 
time  forever,  any  lands,  tenements,  and  their  appurtenances  in 
the  vicinity  of  any  market  for  the  purpose  of  extending  same. 
To  condemn  any  land  or  other  property  or  any  interest  in  land 
or  other  property  for  market  purposes  in  the  mode  provided  in 
this  Article.  To  levy  and  collect  all  costs,  damages  and  expenses 
incurred  by  the  condemnation  proceedings  aforesaid.  The  clerks 
of  the  markets  shall  have  full  power  and  authority  to  seize  by 
distress  any  meats,  vegetables  or  other  articles  upon  any  stall 
or  stand  in  the  market-houses  of  the  City  of  Baltimore,  if  the 
person  or  persons  owning  such  stall  or  stand  shall  not  pay 
the  rent  due  thereon,  and  they  shall  also  collect  all  fines  and  for- 
feitures imposed  by  this  Article  or  ordinances  relating  to  mar- 
kets, and  account  for  the  same  to  the  Mayor  and  City  Council 
of  Baltimore.  To  levy  and  collect  all  the  costs,  damages  and 
expenses  awarded  in  any  condemnation  proceedings  provided  for 
in  this  Article,  for  the  extension  or  construction  of  any  market 
or  markets  in  the  City  of  Baltimore. 


23 

State  V.  Rowe,  72  Md.  548. 

Mayor  v.  Brannan,  14  Md.  227.  Hatch  v.  Prendergast,  15  Md.  251. 
Musgrave  v.  Staylor,  36  Md.  124.  Rose  v.  Mayor,  51  Md.  256.  Border 
State  Savings  Bank  v.  Wilcox,  63  Md.  525.  Green  v.  Western  Nat.  Bank, 
86  Md.  290.  Pfeflferling  v.  Balto.  City,  88  Md.  475.  Cambridge  v.  Water 
Co.,  99  Md.  503.    -See  Baltimore  City  Code  (1879),  page  622,  note. 

Market  Stalls.  The  right  to  lease  the  stalls  and  stands  in  any  market 
in  any  manner,  and  for  any  term  they  may  think  proper  is  an  exercise 
of  municipal  powers  not  in  express  terms,  nor  by  fair  or  reasonable  in- 
tendment, conferred  upon  the  Mayor  and  City  Coimcil  of  Baltimore  by 
sections  671  and  678  of  Article  4,  Code  Public  Local  Laws  (now 
sec.  6.  title  "General  Powers,"  sub-title  "Markets,"  of  the  City  Charter). 

M.  &  C.  C.  of  Balto.  V.  Grieves,  Daily  Record,  September  14,  1892. 

Since  new  Charter  giving  right  to  license,  tax  and  regulate  no  objec- 
tion to  license  or  tax  that  it  produces  more  money  than  needed  for  regu- 
lation. 

Meushaw  v.  State.  109  Md.  84.     City  v.  Wollman.  123  Md.  310. 

City  may  permit  part  of  the  street  to  be  used  for  market  stalls. 
State  V.  Burkett,  119  Md.  609. 

Right  to  use  and  occupy  a  market  stall  is  an  easement  which  may  be 
transferred  by  Bill  of  Sale. 

Goldberg  v.  Novichow,  113  Md.  29. 

City  has  power  to  regulate  the  charges  for  market  stalls.  Is  an  ad- 
ministrative and  not  a  legislative  function.  The  regulation  must  not 
impair  the  obligations  fixed  by  contract. 

Baltimore  v.  Wollman,  123  Md.  310. 

(15A)         MUNICIPAL  FERKT. 

1912,  ch.  32. 

To  establish,  own  and  operate  a  municipal  ferry  across  the 
northwest  branch  of  the  Patapsco  River  from  some  point  or 
points  on  the  north  side  thereof  to  some  point  or  points  on  the 
sonth  side  thereof,  and  to  acquire  for  that  purpose,  by  purchase, 
condemnation  or  otherwise  any  boats  or  ships,  landings  or  other 
property  that  may  be  necessary  for  that  purpose,  and  to  fix  the 
ferry  rates  or  charges  thereof. 

(IG)  PARKS. 

1862,  ch.  29.     P.  L.  L.,   (1888)  Art.  4,  sec.  705.     1896,  ch.  366. 

To  establish,  maintain,  control  and  regulate  parks  or  squares 
in  the  City  of  Baltimore,  for  the  recreation  and  benefit  of  its 
citizens.  The  resolution  of  the  Mayor  and  City  Council  of  Bal- 
timore, appointing  a  commission  in  relation  to  the  proposed 
public  parks,  approved  June  4,  1800,  and  the  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  to  provide;  for  a  public 
park  or  parks,  approved  June  21,  18G0,  are  confirmed;  and  all 
acts  done,  or  which  may  hereafter  be  done,  by  the  said  Mayor 
and  City  Council  of  Baltimore,  or  the  ofiicers  of  said  city,  or  the 


24 

Park  Commission  acting  under  the  provisions  of  the  said  resolu- 
tion and  ordinance,  shall  have  the  same  effect  as  if  the  said 
jMayor  and  City  Council  of  Baltimore,  prior  to  the  passage  of 
said  resolution  and  ordinance,  had  been  expressly  empowered, 
by  Act  of  the  General  Assembly,  to  enact  a  resolution  and  ordi- 
nance in  the  precise  terms  of  said  resolution  and  ordinance,  and 
to  provide  for  carrying  the  same  into  effect.  All  the  rights, 
privileges  and  authority  heretofore  granted  by  ordinance,  to 
the  Park  Commission,  are  hereby  transferred  to  the  Board  of 
Park  Commissioners  as  constituted  in  this  Article.  The  Board 
of  Park  Commissioners  be  and  hereby  is  authorized  and  em- 
powered, upon  and  immediately  after  the  execution  and  de- 
livery, by  the  owners  thereof,  of  the  deed  hereinafter  referred 
to,  to  the  Mayor  and  City  Council  of  Baltimore,  to  assimie 
exclusive  jurisdiction  and  control  over  the  public  highway  known 
as  Green  Spring  Avenue  Road,  extending  from  the  north  en- 
trance of  Druid  Hill  Park,  through  parts  of  Baltimore  City  and 
parts  of  Baltimore  County,  to  the  Western  Run  bridge  in  Balti- 
more County,  with  full  power  in  said  Board  of  Park  Commis- 
sioners to  regulate  the  use  of  the  said  Green  Spring  Avenue 
Road  as  a  highway,  and  to  prescribe  the  hours  when  and  the 
manner  in  which  manure  carts,  hay  wagons  and  all  or  any  other 
description  of  vehicles  may  use  the  same,  and  to  prescribe  fines 
and  penalties  for  the  violation  of  such  regulations,  in  the  same 
manner  as  it  prescribes  fines  and  penalties  for  violations  of  the 
public  park  regulations.  The  owners  of  said  Green  Spring  Ave- 
nue Road  are  hereby  authorized  to  grant,  and  the  Mayor  and 
City  Council  of  Baltimore  are  hereby  authorized  to  accept  from 
said  owners,  a  good  and  sufficient  deed  for  the  bed  of  said  road, 
subject  to  the  rights  of  the  adjacent  property-holders  to  use  the 
same  as  a  highway.  Prom  and  immediately  after  the  acceptance 
by  the  Mayor  and  City  Council  of  Baltimore,  of  the  deeds  men- 
tioned above,  all  obligation  and  duty  upon  the  part  of  either  the 
owners  of  said  Green  Spring  Avenue  Road  or  of  the  public 
authorities  of  Baltimore  County,  to  keep  or  maintain  said  road 
in  repair,  shall  cease,  and  from  and  immediately  after  said  time, 
the  sole  obligation  to  keep  and  maintain  said  road-bed  in  repair, 
shall  rest  upon  the  Mayor  and  City  Council  of  Baltimore.  The 
Board  of  Park  Commissioners,  as  herein  provided  for,  sliall 
have  all  the  rights,  powers  and  authority  as  are  specifically  set 
forth  in  this  paragraph  of  this  section  and  elsewhere  in  this 
Article,  and  all  rights,  powers  and  authority  are  hereby  granted 
to  the  Mayor  and  City  Council  of  Baltimore  to  make  such  other 
and  further  rules  and  regulations  as  it  may  deem  proper  for 


25 

the  maintenance  of  all  parks  and  squares  within  the  City  of 
Baltimore  not  inconsistent  with  this  Article. 

Mayor  &  C.  C.  of  Baltimore,  v.  Reitz,  50  Md.  574.  Upshur  v.  Balti- 
more City.  94  Md.  778.  See  notes,  Baltimore  City  Code,  (1879  pp.  677- 
678  and  683). 

The  park  fuud  under  existing  laws  is  to  be  applied  to  park  purposes 
only  and  to  be  expended  and  distributed  for  such  purposes  by  the  Board 
of  Park  Commissioners. 

Baltimore  v.  Williams,   124  Md.  502. 

(17)  POLICE. 

To  appropriate  a  sum  of  money  annually  for  the  relief  of 
disabled  and  superannuated  members  of  the  police  force  of 
Baltimore  City,  and  for  the  relief  of  widows  and  children  of 
policemen  who  may  be  killed  in  the  discharge  of  duty. 

(18)         POLICE  POWER. 

P.  L.  L.,  (1860)  Art.  4,  sec.  32.  P.  L.  L.,  (1888)  Art.  4,  sec.  721. 
To  pass  ordinances  for  preserving  order,  and  securing  prop- 
erty and  persons  from  violence,  danger  and  destruction,  protect- 
ing the  public  and  city  property,  rights  and  privileges  from 
waste  or  encroachment,  and  for  promoting  the  great  interest  and 
insuring  the  good  government  of  the  city.  To  have  and  exercise 
within  the  limits  of  the  City  of  Baltimore  all  the  power  com- 
monly known  as  the  Police  Power  to  the  same  extent  as  the 
State  has  or  could  exercise  said  power  within  said  limits.  But 
no  ordinance  heretofore  passed,  or  that  shall  hereafter  be  passed 
by  the  Mayor  and  City  Council  of  Baltimore,  shall  hereafter 
conflict  or  interfere  with  the  powers  or  exercise  of  the  powers 
of  the  Board  of  Police  of  the  City  of  Baltimore,  heretofore 
created,  nor  shall  the  said  city,  or  any  officer  or  agent  of  the 
city,  or  of  the  Mayor  thereof,  in  any  manner  impede,  obstruct, 
hinder  or  interfere  with  the  said  Board  of  Police,  or  any  officer, 
agent  or  servant  thereof  or  thereunder. 

Mayor  cr  rcl.  v.  Police  Board.  15  Md.  4.55.  Shafer  v.  Muniina.  17 
Md.  :5:;i.  I'.oehm  v.  Baltiiuorc,  61  Md.  2.59.  State  v.  Mott.  61  Md.  297. 
Singer  v.  State.  72  Md.  467.  State  v.  Ro\v(\  72  Md.  551.  Trag(>s(>r  \-. 
Cray.  73  Md.  2.50.  L:ikf  Kolimd.  etc.  R.  R.  Co.  v.  Balto.,  77  Md.  352. 
Deems  v.  Mayor  &  ('.  (".  of  Halt  iiiiorc,  SO  Md.  17.3.  M.  &  C.  C.  of  Balto. 
V.  Turni»ike  Co..  80  Md.  .530,  545.  Cochrane  v.  Frostburg,  81  Md.  54,  05. 
Hagcrstown  v.  Wittmer.  86  Md.  293.  B.-ar  Creek  Co.  v.  Balto.  City.  87 
Md.  94.  Balto.  City  v.  Cowen.  88  Md.  447.  I'oole  v.  Falls  Road.  (^U: 
Co.,  88  Md.  .5.33.  Upshur  v.  T'.alto.,  94  Md.  751.  Bostock  v.  Saius.  95  Mil. 
414.  415.     Frostlmrg  v.  Ilitcliiiis,  99  Md.  627. 

City  may  regulate  height  of  buildings. 

Cochran  v.  Preston,  108  Md.  221.     Martin  v.  District,  205  U.  S.  1.39. 

Moving  pif'ttire  iii;icliii)es  may  be  regulated. 

State  V.  Loden,  117  Md.  .373. 


26 

City  must  pass  ordinance  to  prevent  nuisances  or  obstructions  in  the 
street,  but  is  not  responsible  for  tlie  failure  of  the  Police  Department 
to  enforce  them. 

Taxi  Cab  Company  v.  Baltimore,  118  Md.  359. 

Reasonable  segregation  Ordinance  not  interfering  with  vested  rights 
is  within  the  police  power. 

State  V.  Gurry,  121  Md.  535.    47  L.  R.  A.  New  Series,  1087. 

Statute  may  regulate  hours  of  labor  for  laborers  employed  by  con- 
tractors on  city  work. 

Sweeten  v.  State,  122  Md.  635.     Elkan  v.  State,  122  Md.  642. 

Regulations  concerning  removal  of  garbage  and  oflfal  are  valid  exercise 
of  the  police  power. 

Wm.  R.  Schultz  v.  State  of  Maryland,  112  Md.  211. 

Power  to  pass  ordinance  providing  additional  penalty  for  offense 
punishable  under  State  law.  Validity  of  ordinance  imposing  a  different 
penalty  for  sale  of  cocaine.  Invalidity  of  a  provision  for  forfeiture  of 
license  not  affecting  remainder  of  ordinance. 

Rossberg  v.  State,  111  Md.  394. 

Whatever  police  power  can  be  exercised  by  a  municipal  corporation 
over  the  rights  and  property  of  its  citizens  must  be  derived  from  the 
legislature;  it  must  be  expressed  by  grant  or  fair  and  reasonable 
intendment. 

United  Railways  Co.  v.  State  Roads  Commission,  123  Md.  561. 

(19)         PEDDLERS. 

1878,  ch.  414.     P.  L.  L.,   (1888)  Art.  4,  sec.  657.     1892,  ch.  90. 

The  Mayor  may  grant  permits,  upon  the  payment  of  the  snm 
of  seven  dollars  to  the  Comptroller,  to  such  number  of  poor  per- 
sons as  to  him  may  seem  proper,  to  peddle  within  the  limits  of 
the  City  of  Baltimore,  notions,  and  small  wares  without  a 
license;  provided,  that  the  stock  in  trade  of  such  peddler  shall 
not  exceed  twenty-five  dollars  in  value,  and  the  said  Mayor  at 
any  time  may  revoke  any  such  permit. 

Banks  v.  McCosker,  82  Md.  519. 

(20)         PUMPS,  FOUIsTTAINS  AND  SPRI:NGS. 

p.  L.  L.,   (1860)  Art.  4,  sec.  823.     P.  L.  L.,  (1888)  Art.  4,  sec.  936. 

To  erect  and  regulate  pumps,  fountains  and  springs,  in  the 
streets,  lanes  and  alleys  of  the  City  of  Baltimore. 

(21)         RAILROADS. 

P.  L.  L.,   (1860)  Art.  4,  sec.  856.     P.  L.  L.,   (1888)   Art.  4,  sec.  762. 

1894,  ch.  210. 

On  application  or  assent,  in  writing,  of  the  owners  of  the 
major  part  in  extent  of  the  front  feet  of  the  lots  fronting  on  each 
side  of  any  street,  or  part  of  street,  to  pass,  subject  to  the  pro- 
visions and  requirements  of  sections  37  and  85  of  this  Article, 


27 

such  ordinances  as  shall  be  necessary  for  the  construction  of  any 
track  or  railway  of  a  steam  railroad  on  and  along  such  street; 
to  permit  and  cause  such  alteration  in  the  grade  of  such  street 
as  may  be  necessary  for  the  more  convenient  and  viseful  con- 
struction of  such  railway ;  and  may  levy  and  assess  on  all  lots 
fronting  on  such  street,  or  part  of  street,  or  on  the  owners  of 
such  lots,  their  just  proportion  of  the  expense  of  such  construc- 
tion, and  enforce  payment  thereof ;  provided,  notice  be  given  to 
such  owners  before  said  assessment  is  made,  with  the  right  to  a 
hearing  as  to  the  propriety  of  the  same,  and  the  further  right  of 
a  jury  trial  by  appeal  to  the  Baltimore  City  Court,  and  the 
proprietor  of  any  lot  in  front  of  which  any  such  railway  shall  be 
so  constructed,  and  the  just  proportion  of  which  shall  be  paid 
by  him,  shall  be  entitled,  at  his  own  expense,  to  have  a  con- 
venient siding  or  turn-out  made,  to  enable  him  to  have  the  bene- 
ficial use  of  such  railway.  The  city  may,  whenever  the  public 
interests  require,  revoke  the  privilege  granted  to  such  railroad 
to  use  said  street  or  part  of  a  street,  upon  the  payment  to  such 
railroad  of  the  actual  cost  of  construction  of  said  railway  tracks, 
and  upon  such  revocation  and  pa^Tiient  aforesaid,  the  said  rail- 
road shall  remove  all  its  tracks  from  said  street.  To  require 
street  passenger  railways  to  provide  proper  fenders  to  their  cars 
for  the  protection  of  human  life  and  to  lessen  the  danger  thereto 
arising  from  collisions  with  such  cars,  and  to  enforce  said  re- 
quirements by  such  fines  and  penalties  as  may  be  prescribed  by 
ordinance.    To  regulate  the  use  of  the  streets  by  street  railways. 

N.  C.  R.  R.  Co.  V.  Mayor,  21  Md.  93.  N.  C.  Ry.  Co.  v.  M.  &  C.  C.  of 
Balto.,  46  Md.  425.  Hodges  v.  Balto.  P.  Ry.  Co.,  5S  Md.  603.  N.  Balto. 
R.  R.  Co.  V.  N.  Avenue  R.  R.  Co.,  75  Md.  233.  N.  Balto.  Pass.  R.  R.  Co.  v. 
Baltimore,  75  Md.  247.  Pake  Rol.  El.  R.  R.  Co.  v.  Baltimore,  77  Md.  ,352, 
384.  Lake  Roland,  etc.  Co.  v.  Webster,  SI  Md.  529.  Park  Tax  Case. 
84  Md.  1.  Poole  v.  Falls  Itoad  Ry.  Co.,  88  Md.  536,  538.  United  Rys.  & 
Elec.  Co.  V.  Hayes,  92  Md.  490. 

As  to  general  law  limitation  to  right  of  railroads  to  pass  through  the 
City  of  Baltimore. 

W.  M.  Tidewater  R.  R.  Co.  v.  Leonard,  Daily  Record,  June  15,  1903. 

A  street  railway-has  no  paramount  right  to  own  Its  own  (racks  and  a 
grant  of  the  right  to  lay  such  tracks  is  subject  to  the  paramount  right 
of  the  city  to  interfere  with  the  same. 

City  &  Suburban  Ry.  Co.  v.  Brush  Elec.  Co.,  Daily  Record,  De- 
cember 20,  1895. 

In  coiiiipctions  with  powers  under  this  sul)-title,  sec  aluo, 

O'Brien  v.  Balto.  BcU  R.  R.,  74  Md.  .374.  (!hes.  &  I'ol.  Tel.  Co.  v. 
McKenzie,  74  Md.  48.  Koch  v.  N.  Av.  R.  R.  Co..  75  M<1.  222.  Balto. 
City  V.  P,'alt(».  Trust  &  Cnar.  Co..  16(i  U.  S.  67::.  Crccii  v.  City  &  Su- 
burinm  Ry.  Co.,  7S  Md.  294.  (ianctt  v.  Lake  Hoi.  El.  K.  R.  Co..  79 
Md.  277.     Birch  v.  Lake  Rol.  El.  R.  R.  Co.,  S3  Md.  3(;9.     I>ake   Uol.   K\. 


28 

R.  R.  Co.  V.  Hibernian  Society,  S3  Md.  420.  Hooper  v.  Balto.  City 
Pass.  Ry.  Co.,  85  Md.  509.  Baltimore  v.  Cowen,  88  Md.  454.  Central 
Ry.  Co.  V.  P.  W.  &  B.  R.  R.,  95  Md.  439. 

(22)         SCHOOLS. 

1S72,  ch.  377.  1884,  ch.  2.  P.  L.  L.,  (1888)  Art.  4,  sees.  776,  778,  779. 
To  establish  in  the  City  of  Baltimore,  in  conformity  with 
the  provisions  of  this  Article,  a  system  of  free  public  schools, 
which  shall  include  a  school  or  schools  for  manual  or  industrial 
training.  To  pass  all  ordinances  for  the  protection  of  school 
houses  and  property,  and  to  punish  any  person  that  may  disturb 
the  sessions  of  the  public  schools.  To  levy  and  collect,  upon 
the  assessable  property  in  the  City  of  Baltimore  as  other  taxes 
are  levied  and  collected,  such  amount  of  taxes  as  may  be  neces- 
sary to  defray  all  expenses  incurred  for  educational  purposes. 

School  Commissioners  v.  Board  of  Education,  26  Md.  505.  St.  Mary's 
Industrial  School  v.  Brown,  45  Md.  310.  M.  &  C.  C.  of  Balto.  v.  Weath- 
erby,  52  Md.  442.  Hooper  v.  New,  85  Md.  565.  Clark  v.  Md.  Institute, 
87  Md.  643.     Baltimore  City  v.  Lyman,  92  Md.  591. 

Compare  with  provisions  of  Code  P.  G.  L.,  Art.  77,  sections  116-119. 

(23)         SEWERS. 

P.  L.  L.,  (1860)  Art.  4,  sec.  835.     1868,  ch.  181.    P.  L.  L.,   (ISSS)  Art.  4, 
sees.  792  and  794.     1906,  ch.  144. 

To  provide  for  construction,  opening,  enlarging  or  straighten- 
ing, subject  to  the  provisions  herein  contained  as  to  the  Board 
of  Public  Improvements  and  Board  of  Estimates,  any  sewer  or 
drain,  public  or  private,  through  any  private  property.  To  pave 
and  keep  in  repair,  subject  to  the  provisions  herein  contained 
as  to  the  Board  of  Public  Improvements  and  Board  of  Estimates, 
all  necessary  sewers  and  drains  and  to  pass  all  regulations  neces- 
sary for  the  preservation  of  the  same,  and  to  authorize  any  per- 
son appointed  by  it  or  by  the  Commissioner  of  Health  or  by  the 
City  Engineer,  as  hereinafter  provided,  for  that  purpose,  to 
enter  upon  the  lands,  grounds  or  possessions  of  any  person  or 
body  politic,  through  which  the  common  sewers  or  private  sewers 
or  drains  run  or  may  run,  to  examine,  inspect,  regulate,  make 
or  repair  the  same,  such  person,  when  not  otherwise  appointed 
by  it  to  be  appointed  by  the  Commissioner  of  Health,  if  the 
sewer  or  drain  be  a  private  sewer  or  drain,  though  connected 
with  a  public  sewer,  so  far  as  said  private  sewer  or  drain  shall 
be  upon  private  property,  and  to  be  appointed  by  the  City  Engi- 
neer for  all  other  sewers  or  drains;  and  in  the  case  of  private 
sewers  or  drains,  the  regulations,  making  or  repairino;  of  the 
same  to  be  at  the  expense  of  the  owners  of  the  property,  real 


29 

or  leasehold,  served  by  said  sewers  or  drains,  and  with  power 
also  to  make  any  and  all  costs  and  expenses  incurred  in  or  about 
the  regulation,  making  or  repairing  of  private  sewers  or  drains 
a  lien  upon  the  interests  of  the  owners  in  the  real  or  leasehold 
property  served  by  said  sewers  or  drains,  with  power  also  to  pro- 
vide for  the  enforcement  of  such  liens  by  sale  of  the  property 
whether  real  or  leasehold ;  to  condemn  any  land  or  interest  in 
land  in  the  mode  provided  in  this  Article  for  the  use  of  the 
Mayor  and  City  Council  of  Baltimore  in  the  construction  of  any 
sewers  or  sewerage  system ;  to  inspect  and  regulate  house  drain- 
age and  sewerage  connections,  and  to  prescribe  the  kind  and 
quality  of  material  to  be  used  for  such  purposes.  But  all  work 
done  in  making,  repairing  or  altering  within  private  property, 
that  is,  not  in  any  public  street,  public  lane,  public  alley  or  public 
property,  any  private  sewer  or  drain  or  waste  or  ventilating  pipe 
connecting  with  a  sewer,  either  public  or  private,  shall  be  done 
under  the  supervision  of  the  Inspector  of  Plumbing  of  said  city 
under  the  direction  of  the  Commissioner  of  Health  and  under  a 
permit  fi-om  the  Commissioner  of  Health  or  his  authorized 
assistant,  to  be  issued  only  to  any  person  duly  qualified  to  do 
such  work  under  said  Article  4  of  the  Public  Local  Laws  of 
Maryland,  said  permit  to  be  issued  in  accordance  with  any 
ordinances  now  existing  or  which  may  hereafter  be  passed  by 
the  Mayor  and  City  Council  of  Baltimore  not  in  conflict  here- 
with, or  in  accordance  with  any  rules  which  may  be  adopted  by 
said  Commissioner  of  Health  not  in  conflict  herewith  or  with 
such  ordinances.  No  other  permit  from  any  other  officer  what- 
ever shall  be  required  for  said  work  and  no  charge  shall  be 
made  by  the  Commissioner  of  Health  for  said  permit  or  for  in- 
specting the  work  done  thereunder.  ISTo  charge  shall  be  made 
by  the  City  Engineer  or  any  other  officer  for  inspecting  any 
work  in  the  public  streets,  public  lanes  or  public  alleys  of  said 
city  done  in  connection  with  private  sewers  or  house  drains. 

Kirhy  v.  Citizens  Ry.  Co.,  48  Md.  1G8.  Kranz  v.  Mayor,  G4  Md.  491. 
Ilitoliiiis  V.  FrostbuPK,  G8  Md.  108.  Chesapeake  &  rotomac  Tel.  Co.  v. 
MoKenzie,  74  Md.  48.  Baltimore  City  v.  Schnitker,  84  Md.  4.3.  Balti- 
more City  V.  Covven,  88  Md.  447.     Cahill  v.  Baltimore  City,  93  Md.  233. 

See  aluo,  Short  v.  B.  P.  C.  Ry.  Co.,  00  Md.  73.  P.,  W.  &  B.  R.  R.  Co. 
V.  Davis.  08  Md.  281.  Frostburg  v.  Duffy,  70  Md.  47.  Ilitchiiis  v. 
FrosthnrK,  70  Md.  .'^7.  Lion  v.  B.  C.  P.  Ry.  Co..  90  Md.  20(;.  Guest  v. 
('onuiiissionors    Cliurfli    Hill.    00    Md.    089. 

City  not  liable  for  failure  to  make  improvements  rcconuiieiided  by 
its  officers.  Evidence  admissible  to  prove  whether  a  sewer  is  of 
siiflicH'iit  capacity  to  carry  ofT  water  in  seasons  of  ordinary  rainfall. 
City  not  compelled  to  grade,  pave  and  place  gutters  so  as  to  prevent 
property  being  flooded  by  water  when  private  i)artles  change  the 
configuration  of  adjacent  land  not  lielonging  to  the  city. 
Kurrle  v.  M.  &  C.  C.  113  Md.  0.3. 


30 

A  plaintiff  cannot  recover  otherwise  than  according  to  the  allegations 
of  his  declaration,  and  a  prayer  based  on  other  facts  is  improper.  Negli- 
gence. Recovery  cannot  be  had  upon  testimony  as  to  conditions  appear- 
ing sixteen  months  later,  In  the  absence  of  all  testimony  as  to  how 
the  work  had  been  done. 

Baltimore  v.  Stalfort,  123  Md.  269. 

(24)       SQUAKES,  SPKIN'GS  AiND  MONUMEITTS. 

1892,  ch.  349. 
P.  L.  L.,  (1888)  Art.  4,  sees.  799D,  799E,  799F. 

To  establish,  regulate  and  control  all  squares,  springs  and 
monuments  erected  or  constructed  within  the  City  of  Baltimore, 
and  to  provide  for  the  maintenance  of  same.  To  provide  by 
ordinance  for  the  purchase  or  condemnation  of  all  that  land 
lying  in  the  City  of  Baltimore  between  the  lines  of  Dolphin 
street  on  the  north,  Biddle  street  on  the  south,  Jordan  Alley  on 
the  east,  and  Morris  Alley  on  the  west,  or  so  much  thereof  as 
may  be  necessary,  upon  a  proper  survey,  to  extend  the  line  of 
parking  known  as  Eutaw  Square  from  Dolphin  street  to  Biddle 
street,  and  the  driveways  on  each  side  thereof;  and  to  provide 
for  the  assessing  and  levying  on  the  whole  assessable  property  of 
the  said  city,  or  on  the  property  of  persons  thereby  benefited, 
the  whole  or  any  part  of  the  damages  and  expenses  which  may 
be  incurred  in  acquiring  said  land,  and  in  locating  and  laying 
out  the  said  line  of  square ;  and  to  provide  for  the  granting 
of  appeals  to  the  Baltimore  City  Court,  from  the  decisions  of 
the  Commissioners  for  Opening  Streets  or  any  Commissioners, 
or  other  persons,  appointed  by  authority  of  any  ordinance  to 
ascertain  the  damages  which  will  be  caused  or  the  benefits  which 
will  accrue  to  the  owners  or  possessors  of  ground,  or  improve- 
ments in  acquiring  said  land,  and  in  locating,  laying  out  and 
extending  said  square  from  Dolphin  street  to  Biddle  street,  and 
for  securing  to  every_  such  owner  and  possessor  the  right,  on 
application  within  a  reasonable  time,  to  have  decided  by  a 
Jury  trial,  whether  any  damage  has  been  caused,  or  any  benefit 
has  accrued  to  them  and  to  what  amount ;  and  to  provide  for  col- 
lecting and  paying  over  the  amount  of  compensation  adjudged 
to  each  person  entitled,  or  investing  it  in  stock  of  said  city,  for 
the  use  of  any  such  persons  who,  because  of  their  infancy, 
absence  from  the  city,  or  any  other  cause,  may  be  prevented 
from  receiving  it,  before  any  part  of  the  land  lying  within  tlie 
said  lines  shall  be  taken.  Before  the  said  city  shall  pass  any 
ordinance  under  the  above  provisions,  at  least  sixty  days'  notice 
shall  be  given  of  any  application  for  the  passage  of  such  ordi- 
nance, in  at  least  two  daily  papers  in  said  city ;  and  before  the 


31 

Commissioners  for  Opening  Streets  or  any  Commissioner  or 
Commissioners  appointed  by  any  ordinance  under  the  above 
provisions  shall  proceed  to  the  performance  of  his  or  their  dnty, 
he  or  they  shall  give  notice  in  at  least  two  of  the  daily  news- 
papers in  the  City  of  Baltimore,  of  the  object  of  the  ordinance 
under  which  he  or  they  propose  to  act,  at  least  thirty  days  before 
the  time  of  their  first  meeting  to  execute  the  same. 

(25)         STOCKS,  LOAXS  AIS^D  FIISTANCE. 

p.  L.  L.,  (1860)  Art.  4,  sec.  867.    1861,  ch.  75.    1876,  ch.  167.    18S0.  ch.  94. 
P.  L.  L.,   (1888)  Art.  4,  sees.  801,  804. 

To  levy  upon  the  assessable  property  within  the  city,  and 
collect  by  tax  any  sum  which  may  be  necessary  to  pay  and  dis- 
charge the  principal  and  interest  of  any  loan  which  may  hereto- 
fore have  been  obtained,  or  which  may  hereafter  be  obtained  by 
said  city  according  to  law.    It  shall  create  a  sinking  fund  to  meet 
the  liabilities  thus  incurred,  and  may  also  levy  upon  the  assessa- 
ble property   of  the   City   of  Baltimore,   from  time  to  time, 
such  sums  as  may  be  necessary  to  provide  therefor,  and  for  the 
payment  of  the  principal  and  interest  of  the  liabilities  to  be 
incurred  under  this  section,  and  may  pass  all  ordinances  neces- 
sary to  carry  out  the  purpose  of  the  same.     Whenever  the  Com- 
missioners of  Finance  shall  be  authorized  by  the  city  to  invest 
moneys  belonging  to  the  sinking  fund  of  said  city,  in  annuities 
or  ground  rents,  reserved  out  of  the  lands  leased  to  the  city  and 
payable  by  the  said  city,  the  said  Commissioners  may  purchase 
such  rents  or  annuities  and  reversions  of  such  lands;  and  the 
conveyances  thereof  taken  may  be  made  to  the  Mayor  and  City 
Council  of  Baltimore,  in  trust  for  the  benefit  and  purpose  of 
the  said  sinking  fund ;  and  in  every  such  case,  such  conveyances 
shall  not  work  a  merger  of  the  lease  or  term,  but,  until  otherwise 
provided  by  law,  the  rent  shall  continue  to  be  payable  to  the 
city  as  if  such  purchase  had  not  been  made,  but  shall  be  re- 
ceived and  applied  by  the  Commissioners  of  Finance  as  the 
income  of  other  investments  of  the  sinlcing  fund  may  be  applied. 
Whenever  and  as  often  as  it  may  be  necessary  hereafter  to  issue 
cfrtificates  of  indebt(>dness  or  city  stock  or  bonds  of  the  City  of 
Baltimore,  either  for  loans  of  the  said  city,  already  created 
and   authorized   by   law,   but   not   yet   negotiated   and    issued, 
or  for  loans  which  may  be  hereafter  created   and  authorized 
to  ])e  issued  as  aforesaid,  provision  may  be  made,  in  the  dis- 
cretion   of    the    city    for    the    payment    of    any    taxes    wliich 
the  holders  of  said  certificates  or  bonds  may  be  legaliv  li;iMe; 
provided,  however,  that  the  rate  of  interest  payable  on  said  loan 


32 

shall  not  exceed  the  rate  of  five  pei*  cent,  per  annum ;  and  pro- 
vided, further,  that  nothing  herein  contained  shall  prevent  the 
said  city  from  negotiating  said  loans,  or  any  part  thereof, 
already  authorized  by  law,  but  not  yet  actually  issued,  or  which 
may  be  hereafter  created  and  authorized  by  law,  at  a  lower  rate 
of  interest  than  five  per  cent,  per  annum,  whenever  it  may 
appear  to  the  said  city  practicable  and  advisable  to  do  so. 

Baltimore  v.  Gill,  31  Md.  375. 

(26)         STREETS,  BRIDGES  AND  HIGHWAYS. 

(a)  Opening,  Extending,  Widening,  Straightening  or  clos- 
ing up  Streets. 

1817,  ch.  148.    1832,  ch.  57.    1833,  ch.  182.    1838,  ch.  226.    P.  L.  L.,  (1860^ 
Art.  4,  sec.  837.    187S,  ch.  143.    P.  L.  L..  (1888)  Art. 
4,  sees.  806,  8061/2.     1894,  ch.  312. 

To  provide  for  laying  out,  opening,  extending,  widening, 
straightening  or  closing  up,  in  whole  or  in  part,  any  street, 
square,  lane  or  alley  within  the  bounds  of  said  city,  which  in 
its  opinion  the  public  welfare  or  convenience  may  require.  To 
provide  for  ascertaining  whether  any,  and  what  amount  in 
value,  of  damage  will  be  caused  thereby,  and  what  amount  of 
benefit  will  thereby  accrue  to  the  owner  or  possessor  of  any 
ground  or  improvements  within  or  adjacent  to  said  city,  for 
which  said  owner  or  possessor  ought  to  be  compensated,  or  ought 
to  pay  a  compensation,  and  to  provide  for  assessing  or  levying, 
either  generally  on  the  whole  assessable  property  of  said  city, 
or  specially  on  the  property  of  persons  benefited,  the  whole 
or  any  part  of  the  damages  and  expenses  which  it  shall  ascertain 
will  be  incurred  in  locating,  opening,  extending,  widening, 
straightening  or  closing  up  the  whole  or  any  part  of  any  street, 
square,  lane  or  alley  in  said  city.  To  provide  for  granting 
appeals  to  the  Baltimore  City  Court,  from  the  decisions  of  the 
Commissioners  for  Opening  Streets  or  any  Commissioner  or 
Commissioners,  or  other  persons  appointed  by  virtue  of  any 
ordinance,  to  ascertain  the  damage  which  will  be  caused  or  the 
benefit  which  will  accrue  to  the  owners  or  possessors  of  ground 
or  improvements  by  locating,  opening,  extending,  widening, 
straightening  or  closing  up,  in  whole  or  in  part,  any  street. 
square,  lane  or  alley  within  the  said  city,  and  for-  securing  to 
every  such  owner  or  possessor  the  right,  on  application  within  a 
reasonable  time,  to  have  decided  by  a  jury  trial  whether  any 
damage  has  been  caused,  or  any  benefit  has  accrued  to  them,  and 
to  what  amount.  To  provide  for  collecting  and  paying  over  the 
amount  of  compensation  adjudged  to  each  person  entitled,  or 


33 

investing  it  in  stock  of  the  said  city,  for  the  use  of  any  such 
person  who,  because  of  infancy,  absence  from  the  city  or  any 
other  cause,  may  be  prevented  from  receiving  it,  before  any 
street,  square,  lane  or  alley,  in  whole  or  in  part,  shall  be  so 
opened,  extended,  widened,  straightened  or  closed  up,  and  to 
enact  and  pass  all  ordinances,  from  time  to  time,  which  shall 
be  deemed  necessary  and  proper  to  exercise  the  powers  and 
effect  the  objects  above  specified.  To  acquire  the  fee  simple 
interest  in  any  land  for  the  purpose  of  opening,  extending, 
widening  or  straightening,  in  whole  or  in  part,  any  street,  square, 
lane  or  alley  in  Baltimore  City.  To  provide  by  ordinance  for  the 
collection  of  rent  or  revenue,  which  may  or  can  be  derived  or 
collected  from  the  occupiers,  tenants,  or  by  whatever  term  they 
may  be  called,  for  the  use  and  occupation  by  them,  of  all  build- 
ing or  buildings,  or  other  property  which  the  city  pays  for,  to 
the  o-s\Tiers  thereof,  in  all  cases  of  street  openings,  straightenings, 
closings  or  widenings,  or  in  any  case  of  condemnation  for  any 
piirpose  whatever,  said  rent  to  be  paid  by  said  tenants  or  occu- 
piers of  said  building  or  buildings,  or  other  property,  to  the  city 
authorities,  from  the  date  of  payment  for  the  same  by  the  city 
to  the  o^vners  thereof,  or  from  the  date  of  the  tender  of  such 
payment,  if  for  any  cause  said  owners  refuse  or  cannot  lawfully 
accept  the  same,  until  said  building  or  buildings  are  removed, 
and  until  said  property  shall  be  required  by  the  city  for  its 
purposes,  under  the  condemnation  proceedings. 

Alexander  v.  Mayor.  &c.,  5  Gill  3S3.  Methodist  Prot  Ch.  v.  Mayor, 
&e.,  6  Gill  391.  Ricbardson  v.  Mayor,  8  Gill  433.  White  v.  Flannigan, 
1  Md.  .542.  Moale  v.  Mayor,  &c..  5  Md.  321.  Steuart  v.  :\Iayor,  &c., 
7  Md.  500.  Mayor  v.  Porter,  18  Md.  284.  State  v.  Graves,  10  Md.  351. 
Steuart  v.  State,  20  Md.  97.  Douglass  v.  Boonsboro  Turup.  Co..  22  Md. 
219.  Mayor,  &c.  v.  P.ouldiu,  23  Md.  328.  Mayor,  &c.  v.  Clunet,  23 
Md.  449.  '  Hawley  v.  Mayor,  &c.,  33  Md.  280.  Page  v.  Mayor.  &c.,  34 
Md.  558.  Hazelhurst  v.  Mayor,  37  Md.  199.  Mayor  v.  Grand  Lodge, 
44  Md.  436.  Norris  v.  Mayor,  &c.,  44  Md.  598.  McCormick  v.  Mayor, 
&c.,  45  Md.  527.  Dashiell  v.  Mayor,  45  Md.  016,  625,  620.  Northern 
Central  R.  R.  Co.  v.  Mayor,  &c.,  46  Md.  425.  Brooks  v.  Mayor.  &c., 
48  Md.  265.  Mayor,  &c.  v.  St.  Agnes  Hospital  of  Balto.,  48  Md.  419. 
Mayor,  &c.  v.  Reitz,  50  Md.  574.  Hall  v.  Mayor.  &('.,  56  Md.  194. 
Mayor,  &c.  v.  Black,  50  Md.  .333.  State  ex  rel.  Henderson  v.  Taylor,  59 
Md.  .341.  Mayor.  &r'.  v.  nof)k.  02  Md.  371.  Central  Savings  Bank  v. 
Mayor,  &c.,  71  Md.  515.  Zion  Church  v.  Mayor,  71  Md.  524.  Frioden- 
wald  V.  Baltimore.  74  Md.  123.  Van  Witzen  v.  Gutman,  79  Md.  412, 
Balto.  V.  Ulman,  79  Md.  480.  M.  &  C  C.  of  Balto.  v.  Smith.  80  Md. 
400.  M.  &  C.  C.  of  Balto.  v.  Frick.  82  Md.  80.  I'.altiiiiore  v.  Coates.  85 
Md.  .531.  Balto.  City  v.  Bronrael,  80  Md.  159.  Baltimore  City  v.  Cowen. 
88  Md.  4.50.  Bemhe  v.  Anno  Arundel  Co.,  94  Md.  220.  Riggs  v.  Win- 
terode,    100   Md.   447. 

The  city  is  not  compelled  to  accept  any  dedicated  street.     Until  ac- 
cepted such  streets  remain  private  property. 

(3) 


34 

Brady  v.  Balto.  Belt  R.  R.,  Daily  Record,  November  26,  1894. 

The  doctrine  of  adverse  possession  applies  to  the  case  of  property 
dedicated  to  public  use  for  a  highway  vs^ithin  the  territorial  limits  of  a 
municipal  corporation.  A  municipal  corporation  may  be  held  to  be  es- 
topped from  setting  up  a  claim  to  a  public  highway. 

Bing  V.  Mayor  &  C.  C.  of  Baltimore,  Daily  Record,  April  3,  1889. 

In  relation  to  opening,  widening,  straightening,  etc.,  streets,  see, 

Binney's  Case,  2  Bland,  129.  Graff  v.  Mayor  &  C.  C.  of  Baltimore, 
10  Md.  544.  Merrick  v.  Mayor,  43  Md.  219.  Black  v.  Mayor,  &c.,  50 
Md.  235.  Tinges  v.  Mayor,  &c.,  51  Md.  600.  Hiss  v.  Balto.  &  Hampden 
Pass.  Railway  Co.,  52  Md.  242.  McMurray  v.  Mayor,  &c.,  54  Md.  103. 
Hodges  V.  Balto.  Union  Pass.  Railway  Co.,  58  Md.  603.  Co.  Commrs. 
of  Balto  Co.  V.  Md.  Hospital,  62  Md.  127.  Mayor,  &c.,  v.  White,  62  Md. 
362.  Glenn  v.  Mayor,  67  Md.  390.  Hitchins  v.  Frostburg,  68  Md.  100. 
P.,  W.  &  B.  R.  R.  V.  Shipley,  72  Md.  93.  Pitts  v.  Baltimore,  73  Md.  326. 
Friedenwald  v.  Shipley,  74  Md.  220.  Heaver  v.  Lanahan,  74  Md.  498. 
Burk  V.  Mayor  &  C.  C.  of  Balto.,  77  Md.  471.  Gluck  v.  Baltimore,  81 
Md.  315.  Baltimore  City  v.  Fear,  82  Md.  246.  Baldwin  v.  Trimble.  85 
Md.  397.  Flersheim  v.  Mayor,  85  Md.  493.  Valentine  v.  Hagerstown, 
86  Md.  488.  Clendenin  v.  Md.  Construction  Co.,  86  Md.  80.  Baltimore 
City  V.  N.  C.  Ry.  Co.,  88  Md.  427.  Ogle  v.  Cumberland,  90  Md.  62. 
Gardiner  v.  Baltimore  City,  96  Md.  361.    Jenkins  v.  Riggs,  100  Md.  438. 

Widening  of  Light  Street. — Rights  to  build  out  in  the  Harbor. 
Baltimore  City  v.  Steamboat  Company,  104  Md.  485. 

Chester  Street  dedicated. 

Canton  Company  v.  City,  104  Md.  582. 

Private  alleys  not  exempt  from  taxation. 

Hill  V.  Williams,  104  Md.  595. 

Bridges  over  Falls  and  Railroads  are  parts  of  streets. 

Northern  Central  Railway  v.  United  Railways  and  Electric  Company, 
105  Md.  340. 

Dedication  may  be  nullified  by  non-user  by  public  coupled  with  adverse 
occupation. 

Canton  Co.  v.  City,  106  Md.  69. 

As  to  evidence  of  dedication. 

Baltimore  v.  Yost,  121  Md.  366. 

Reference  in  deed  held  for  purpose  of  location,  and  not  dedication, 
under  facts  of  case. 

Bloede  v.  Baltimore,  115  Md.  594. 

Improvements  of  the  highways  within  Baltimore  City  by  the  State 
Roads  Commission  and  the  right  to  compel  railway  company  to  remove 
its  tracks  at  its  own  cost. 

United  Railways  Company  v.  State  Roads  Commission,  123  Md.  561. 

A  dedication  of  a  street  to  become  irrevocable  must  be  accepted. 
Baltimore  v.  Canton  Co.,  124  Md.  620. 

(b)     Grade  Lines  of  Streets. 
1874,  ch.  218.    P.  L.  L.,  (1888)  Art.  4,  see.  809.     1888,  ch.  285. 
To  provide  by  general  or  special  ordinance  for  the  establish- 
ment, and  change  from  time  to  time,  of  the  grade  lines  of  any 
street,  lane  or  alley,  or  part  thereof,  located  or  laid  out  upon 
the  plan  of  said  city. 


35 

Dashiell  v.  Mayor,  &c..  45  Md.  616.  Cumberland  v.  Willson,  50  Md. 
147.  148.  Kelley  v.  Mayor,  &c.,  65  Md.  175.  O'Brien  v.  Balto.  Belt  R. 
R.,  74  Md.  373.  Baltimore  City  v.  Cowen,  88  Md.  447,  458.  Guest  v. 
Church  Hill,  90  Md.  693. 

(c)     Grading,  Paving,  Cuebing,  Etc.,  Steeets. 

(Special  Ordinance.) 

1874,  ch.  218.  P.  L.  L.,  (1888)  Art.  4,  sec.  810.  1892,  ch.  219. 
To  provide  hj  ordinance  for  grading,  shelling,  graveling,  pav- 
ing and  curbing,  or  for  the  regrading,  reshelling,  regraveling, 
repaving  and  recurbing  of  any  street,  lane  or  alley  in  said  city, 
or  part  thereof,  now  condemned,  ceded,  opened  as  a  public  high- 
way, or  which  may  hereafter  be  condemned,  ceded,  opened, 
widened,  straightened  or  altered  according  to  the  laws  and 
ordinances  regulating  the  same,  and  also  for  assessing  the  cost 
of  any  such  work,  in  whole  or  in  part,  upon  the  property  binding 
upon  such  street,  lane  or  alley,  or  part  thereof,  according  to 
such  rule  or  basis  as  it  may  determine,  and  for  collecting  said 
assessments  as  other  city  taxes  are  collected  or  in  such  manner 
as  it  may  prescribe,  either  before  or  after  the  work  shall  have 
been  done,  provided  that  before  the  passage  by  either  Branch 
of  the  City  Council  of  any  ordinance  requiring  the  whole  or  any 
portion  of  the  costs  to  be  assessed  upon  the  property  ten  days' 
notice  shall  be  given  in  at  least  two  of  the  daily  newspapers  in 
said  city,  and  an  opportunity  shall  be  afforded  to  all  persons 
interested  therein  to  appear  and  be  heard  before  some  appro- 
priate committee  of  the  Council,  and  it  may  also  provide  for 
appeals  to  the  Baltimore  City  Court  from  the  decisions  of  the 
Commissioners  for  Opening  Streets  or  any  Commissioner  or 
Commissioners,  or  other  person  or  persons  appointed  to  deter- 
mine the  amount  of  assessment  to  be  made  upon  any  property 
under  any  such  ordinance;  and  in  the  trial  of  such  appeal  the 
practice  shall  conform  as  near  as  may  be  to  the  practice  in  the 
trials  of  street  appeals,  including  the  right  of  appeal  to  the 
Court  of  Appeals. 

Mayor,  &e.,  v.  Moore.  6  H.  &  J.  375.  Mayor,  &c.  v.  Hushes.  1  G.  &  .7. 
480.  Esehbach  v.  Pitts,  6  Md.  71.  Mayor.  &c.  v.  Groenmount  Coniotery, 
7  Md.  517.  Henderson  v.  Mayor,  8  Md.  3.52.  Mayor,  &o.  v.  Porter,  IS  Md. 
284.  N.  C.  Ry.  Co.  v.  Baltimore.  21  Md.  105.  Mayor,  &c.  v.  Horn.  20 
Md.  194.  Baito.  &  Pot.  R.  R.  Co.  v.  Reany,  42  Md.  118.  Dashiell  v. 
Mayor,  45  Md.  610.  Burns  v.  Mayor.  48  Md.  198.  Mayor,  &c.  v.  Scharf, 
54  Md.  499.  Mayor,  &(•.  v.  .Tohns  Hopkins.  50  Md.  1.  Gould  v.  Mayor, 
58  Md.  40.  Gould  v.  M.  &  C.  C.  of  Baltimore.  .59  Md.  378.  Moale  v.  Mayor, 
&c.,  01  Md.  224.  Mayor,  &o.  v.  Hanson,  01  Md.  402.  Mayor.  &c.  v.  .John- 
son. 02  Md.  225.  Mayor.  &<:  v.  Hook.  02  Md.  371.  All)(>rf,'or  v.  Mayor, 
64  Md.  1.     Kelley  v.  Mayor.  05  Md.  171.     Baltimore  v.  Raymo,  OS  Md. 


36 

569.  Ulman  v.  Mayor,  72  Md.  591,  609.  Baltimore  v.  Ulman,  165  U.  S. 
719.  O'Brien  v.  Balto.  Belt  R.  R.,  74  Md.  273.  Baltimore  v.  Ulman,  79 
Md.  469.  Balto.  v.  Cowen,  88  Md.  457.  Guest  v.  Church  Hill,  90  Md.  693. 
Balto.  City  v.  Stewart,  92  Md.  535,  551.  Cahill  v.  Baltimore  City,  93  Md. 
233.  Kent  County  v.  Godwin,  98  Md.  84.  Frostburg  v.  Wineland,  98  Md. 
243. 

For  further  decisions  relating  to  grading,  paving  and  curbing,  see, — 

Clements  v.  Mayor,  &c.  of  Baltimore,  16  Md.  208.  Mayor,  &c.  v. 
Harwood,  32  Md.  471.  Peddicord  v.  Balto.,  Catonsville,  &c.,  Co.,  34  Md. 
463.  Cumberland  v.  Willson,  50  Md.  138.  Hitchins  v.  Frostburg,  68 
Md.  100.  C.  &  P.  Tel.  Co.  v.  McKenzie,  74  Md.  48.  M.  &  C.  C.  of  Balto. 
V.  Turnpike  Co.,  80  Md.  536.  Smyrk  v.  Sharp,  82  Md.  97.  Hagerstown 
V.  Startzman,  93  Md.  609.  DeLawder  v.  Balto.  County,  94  Md.  1.  Offutt 
V.  Montgomery  Co.,  94  Md.  115. 

The  ten  days'  notice  of  the  passage  of  an  ordinance  authorizing  paving 
prescribed  by  Act  of  1892,  ch.  219  (now  sec.  6  of  Charter)  must  be 
given  or  a  Court  of  Equity  will  intervene. 

Bond  v.  Malster,  Daily  Record,  July  6,  1899. 

As  to  degree  of  care  city  must  exercise  in  keeping  the  streets  in  repair, 
see, 

Baltimore  City  v.  Lobe,  90  Md.  314. 

Liability  of  municipal  corporations  for  defects  in  streets — Negligence 
— ^Notice — Defects  not  apparent  on  surface. 

Sweeten  v.  Baltimore,  123  Md.  88. 

A  plaintiff  cannot  recover  otherwise  than  according  to  the  allega- 
tions of  his  Declaration,  and  a  prayer  based  on  other  facts  is  improper — 
Negligence — Recovery  cannot  be  had  upon  testimony  as  to  conditions 
appearing  sixteen  mouths  later,  in  the  absence  of  all  testimony  as  to 
how  the  work  had  been  done. 

Baltimore  v.  Stalfort,  123  Md.  269. 

■  

(d)     Grading,  Paving,  Curbing,  Etc.,  Streets. 

(General  Ordinance,  Application  of  Owners.) 

1874,  ch.  218.     P.  L.  L.,    (1888)    Art.  4,   sec.  811. 

To  provide  by  general  ordinance,  subject  to  provisions  and 
requirements  of  section  85  of  this  Article,  for  the  grading,  grav- 
eling, shelling,  paving  or  curbing,  or  for  the  regrading,  regravel- 
ing,  reshelling,  repaving  or  recurbing  of  any  street,  lane  or 
alley,  or  part  thereof,  in  said  city,  without  the  passage  of  a  spe- 
cial ordinance  in  the  particular  case,  whenever  the  owners  of  a 
majority  of  the  front  feet  of  property  binding  on  such  street, 
lane  or  alley,  or  part  thereof,  shall  apply  for  the  same,  upon 
terms  and  under  conditions  to  be  prescribed  in  the  same  general 
ordinance,  and  for  the  assessment  in  any  such  case  of  the  cost 
of  such  work,  in  whole  or  in  part,  pro  rata,  upon  all  the  property 
binding  upon  such  street,  lane  or  alley,  or  part  thereof,  and  for 
the  collection  of  such  assessment  as  other  city  taxes  are  collected. 


37 

Henderson  v.  Mayor,  8  Md.  352.  Holland  v.  Mayor,  11  Md.  186. 
Bouldin  v.  Mayor,  15  Md.  IS.  Mayor,  &e.  v.  Eschbach,  18  Md.  270. 
Mayor  v.  Porter,  18  Md.  284.  Howard  v.  First  Ind.  Church,  18  Md.  451. 
Mayor,  &c.  v.  Bouldin.  23  Md.  328.  Mayor,  &c.  v.  Horn,  26  Md.  195. 
Lester  v.  Mayor,  29  Md.  419.  Dashiell  v.  Mayor,  45  Md.  624.  Burns 
V.  Mayor,  48  Md.  200.  Wolff  v.  M.  &  C.  C.  of  Baltimore,  49  Md.  446. 
Mayor,  &c.  v.  Johns  Hopkins  Hospital,  56  Md.  1.  Moale  v.  Baltimore, 
61  Md.  237.    Mayor,  &c.  v.  Boyd,  64  Md.  10. 

(e)      Levy  of  Tax  to  Pay  Unpaid  Assessments  for 

Grading,  Paving,  etc. 

1892,  ch.  284.    P.  L.  L.,  (1888)  Art.  4,  sec.  811  A. 

In  any  and  all  cases  where  any  street,  lane  or  alley,  or  any 
part  thereof,  in  the  city,  has  been  graded,  paved  or  curbed,  or 
regraded,  repaved  or  recurbed,  under  any  ordinance  which  pro- 
vided for  assessing  the  whole  or  any  portion  of  the  cost  of  such 
improvement  upon  the  property  binding  upon  such  street,  lane 
or  alley,  or  part  thereof,  and  such  assessments,  or  any  part 
thereof,  remain  unpaid,  it  shall  be  lawful  for  the  city  to  provide 
by  ordinance  for  the  levy  and  collection  in  such  manner  as  it 
may  deem  proper,  of  a  tax  upon  all  the  property  binding  on  any 
street,  lane  or  alley,  or  part  thereof,  which  may  have  been  so 
improved,  to  the  extent  that  such  property  shall  have  been  spe- 
cially benefited  by  such  improvement,  provided,  that  no  property 
upon  w^hich  the  assessment  originally  made  for  its  share  of  the 
cost  of  such  improvement  shall  have  been  paid,  shall  be  again 
assessed,  and  that  reasonable  notice  and  an  opportunity  to  be 
heard  shall  be  given  to  all  persons  interested  before  the  final 
ascertainment  of  the  amount  of  tax  to  be  paid  by  any  such  prop- 
erty, and  the  said  city  shall  provide  for  appeals  to  the  Baltimore 
City  Court  by  any  person  or  persons  interested,  inchuling  the 
city  itself  from  the  decision  of  the  Commissioners  for  Opening 
Streets,  or  any  Commissioner  or  Commissioners  or  other  per- 
sons appointed  to  determine  the  amount  or  amounts  of  such  spe- 
cial taxes  or  assessments;  and  in  the  trial  of  such  appeals  the 
practice  shall  conform  as  near  as  may  be  to  the  practice  in  the 
trial  of  street  appeals,  including  the  right  of  appeal  to  the  Court 
of  Appeals. 

Baltimore  v.  Ulman,  79  Md.  480.  Ulman  v.  Baltimore,  165  U.  S.  719. 
Balto.  V.  Stewart,  92  Md.  535.    Leser  v.  Wagner,  119  Md.  671. 

(f)     Footways. 
P.  L.  L.,  (1860)  Art.  4,  sec.  852.    P.  L.  L.,  (1888)  Art.  4,  sec.  816. 
To  pass  all  ordinances  necessary  for  grading,  regulating,  pav- 
ing and  repairing  the  footways  in  the  streets,  lanes  and  alloys 


210657 


38 

of  the  city,  and  impose  a  tax  on  any  lot  fronting  on  any  paved 
street,  lane  or  alley,  for  the  purpose  of  grading,  regulating,  pav- 
ing or  repairing  footways  in  front  thereof,  or  compel  by  fine  or 
otherwise  the  owner  or  proprietor  of  any  lot  to  pave  or  repair  the 
footways  in  front  thereof,  agreeable  to  the  ordinances  to  be 
passed  by  it. 

Bassett  v.  Ocean  City,  118  Md.  114.    State  v.  Kent  County,  83  Md.  379. 

(g)     Regulating  use  of  Street, 
obstructions  and  encroachments. 

To  regulate  the  use  of  streets,  highways,  roads,  public  places 
and  sidewalks  by  foot  passengers,  animals,  vehicles,  cars,  motors 
and  locomotives,  and  prevent  encroachment  thereon  and  obstruc- 
tion of  the  same. 

C.  &  P.  Tel.  Co.  V.  Baltimore  City,  89  Md.  705.  Hagerstown  v.  Klotz, 
93  Md.  440.  Townsend.  Grace  &  Co.  v.  Epstein,  93  Md.  537.  Baltimore 
City  V.  Beck,  96  Md.  190.  B.  &  O.  R.  R.  Co.  v.  Balto.  City,  98  Md.  536. 
Knight  V.  Balto.  City,  97  Md.  649.  Balto.  City  v.  Walker,  98  Md.  640. 
Brauer  v.  Refrigerator  Co.,  99  Md.  376. 

As  to  widening  of  sidewalks  by  city,  see,  Klein  v.  U.  Rys.  &  Elec.  Co., 
Daily  Record,  January  4,  1906. 

For  decisions  arising  out  of  the  exercise  and  construction  of  powers 
under  paragraph  (G),  see. 

Mayor  &  C.  C.  of  Balto.  v.  Marriott,  9  Md.  160.  Roman  v.  Strauss, 
10  Md.  89.  Mayor,  &c.,  Balto.  v.  Pennington,  15  Md.  12.  Altvater  v. 
Mayor,  31  Md.  462.  Houck  v.  Wachter,  34  Md.  265.  Peddicord's  Case, 
34  Md.  463.  Mayor,  &e.  v.  Holmes,  39  Md.  243.  Flynn  v.  Canton  Co., 
40  Md.  312.  Mayor,  &c.,  Balto.  v.  O'Donnell,  53  Md.  110.  Turner  v. 
Holman,  54  Md.  148.  Gore  v.  Brubaker,  55  Md.  87.  Canal  Co.  v.  County 
Commrs.,  57  Md.  201.  Textor  v.  B.  &  O.  R.  R.  Co.,  59  Md.  63  Sinclair 
Y.  Baltimore,  59  Md.  598.    Crook  v.  Pitcher,  61  Md.  510. 

Thomas  v.  Ford,  63  Md.  346.  Taylor  v.  Cumberland,  64  Md.  68. 
Garrett  v.  Janes,  65  Md.  260.  Kennedy  v.  Cumberland,  65  Md.  514. 
C.  &  P.  Tel.  Co.  V.  McKenzie,  74  Md.  49.  50.  Koch  v.  N.  Ave.  Ry.  Co., 
75  Md.  229.  N.  Balto.  R.  R.  Co.  v.  N.  Ave.  R.  R.  Co.,  75  Md.  233.  N. 
Balto.  R.  R.  Co.  v.  Baltimore,  75  Md.  247.  Twilley  v.  Perkins,  77  Md. 
262.  Lake  Rol.  El.  R.  R.  Co.  v.  Balto.,  77  Md.  372-381.  Green  v.  City 
&  Sub.  Ry.  Co.,  78  Md.  307.  Condon  v.  Sprigg,  78  Md.  337.  Garrett 
V.  Lake  Rol.  Elv.  R.  R.  Co.,  79  Md.  277.  Postal  Telg.  Cable  Co.  v. 
Baltimore,  79  Md.  512.  Cochrane  v.  Frostburg,  81  Md.  54.  Ulman  v. 
Charles  St.  Ave.  Co.,  83  Md.  145.  Baldwin  v.  Trimble,  85  Md.  396. 
Gunther  v.  Dranbauer,  86  Md.  1.  Reidel  v.  P.,  W.  &  B.  R.  R.  Co..  87 
Md.  158.  Worcester  Co.  v.  Ryckman,  91  Md.  37.  Mason  v.  Cumber- 
land, 92  Md.  462.  Keen  v.  Havre  de  Grace,  93  Md.  34.  Magaha  v. 
Hagerstown,  95  Md.  69.    New  Windsor  v.  Stocksdale,  95  Md.  215. 

Turnpike  road  partly  in  Baltimore  City  owned  by  private  corpora- 
tion and  streets  owned  by  individuals  but  used  by  the  public  as  high- 
ways are  streets  and  highways  of  Baltimore  City  within  the  meaning 
of  this  Section. 

The  Patapsco  Electric  Co.  v.  M.  &  C.  C,  110  Md.  310. 


39 

City  liable  for  negligence  of  its  contractor  digging  sewer  under  its 
supervision,  evidence  showing  negligence — pleading. 
Hanrahan  v.  City,  114  Md.  517. 
Regulating  use  of  streets — liability — obstruction — defect,  street — city 
liable — obstruction  on  sidewalk  left  by  its  contractor  over  whom  it  re- 
tains supervision— contributory  negligence,  plaintiff — not  guilty — lights. 
McCarthy  v.  Clark,  115  Md.  454. 
Obstruction — railroad  track- — public  sti'eet — cutting  off  access— abutt- 
ing owner — proof  extent  of  injury ;  dimunition  in  market  value. 
Webb  v.  B.  &  O.  R.  R.  Co.,  114  Md.  216. 

(h)     Opening  of  Street  Surface. 

To  regulate  the  opening  of  street  surface,  for  the  purposes 
authorized  by  law  or  ordinance. 

In  relation  to  opening  street  surface,  see,  State  v.  Latrobe,  81  Md. 
233.  Edison  Co.  v.  Hooper,  85  Md.  111.  C.  &  P.  Telephone  Co.  v. 
Balto.  City,  89  Md.  689.  Balto.  City  v.  Balto.  Co.  W.  &  E.  Co.,  95 
Md.  239. 

(i)     ITuMBERiNG  Houses. 

To  regulate  the  numbering  of  houses,  lots,  streets  and  avenues, 
and  the  naming  of  streets,  avenues  and  public  places. 

(j)     Regulating  Use  of  Sidewalks  and  Streets 
BY  Signs,  Poles,  Wires,  Trees,  etc. 

1912,  ch.  32. 

To  regulate  the  use  of  streets  and  sidewalks  for  use  of  tele- 
graph posts,  trolley  poles,  electric  light  poles,  telegraph  wires, 
electric  light  wires  and  for  any  and  all  other  purposes,  and  to 
prohibit  the  erection  of  any  posts,  poles  or  wires  and  to  compel 
the  removal  of  any  posts,  poles  or  wires  in,  over  or  above  any 
street,  sidewalk  or  highway ;  and  to  regulate  the  planting,  trim- 
ming or  destroying  of  trees  in  or  upon  any  street,  sidewalk  or 
public  highway. 

Ches.  &  Pot.  Tel  Co.  v.  McKenzio,  74  Md.  47.  Postal  Telg.  Cable  Co.  v. 
Baltimore,  79  Md.  512.  Balto.  City  v.  Walker,  98  Md.  637.  Brauer  v. 
Refrigerating  Co.,  99  Md.  512. 

'J'lio  Act  1900,  chapter  152  and  the  Act  1904,  chapter  016.  ro-onncting 
section  8  of  the  Charter,  l)y  their  terms  necessarily  modify  the  general 
power  of  the  Mayor  and  City  Council  of  Baltimore  in  relation  to  signs, 
sign  posts,  awnings,  awning  posts  and  horse  troughs  where  construction 
or  erection  of  same  obstructs  sidewalk.  Sub-division  "J"  of  section  6, 
supra,  has  been  modified  accordingly. 

City  may  not  arbitrarily  or  unreasonably  destro.v  shade  trees,  but 
where  their  destruction  is  necessary  to  a  street  improvement,  no  liability. 
Easton  v.  Turner,  117  Md.  111. 


40 

A  provision  similar  to  above  held  to  be  a  reasonable  grant  of  power. 
A  prohibition  of  awning  poles,  obstructions,  &c.,  on  certain  streets  or  in 
a  certain  district,  although  permitted  in  other  sections  of  the  city,  is 
not  invalid  on  the  ground  that  it  discriminates  or  is  arbitrary. 
Etchison  v.  Frederick  City,  123  Md.  283. 

(k)      Cleaning  and  Lighting  Streets. 

p.  L.  L.,  (I860)  Art.  4,  sec.  862.     P.  L.  L.,   (1888)  Art.  4,  sec.  819. 

To  clean  the  streets  and  remove  the  dirt  and  filth  therefrom, 
and  to  prohibit  and  punish  by  ordinance,  the  placing  of  any 
dirt,  filth  or  other  matter  therein,  and  to  protect  any  pavement 
by  prohibiting  the  travel  thereon.  To  erect  lamps  in  any  of  the 
streets,  lanes  or  alleys  of  said  city,  and  cause  the  same  to  be 
lighted  at  the  expense  of  the  city. 

Baltimore  City  v.  Beck,  96  Md.  183.  See,  also.  Am.  Lighting  Co.  v. 
McCuen,  92  Md.  705. 

(l)     Use  of  Streets  by  Tracks,  Poles  and  Wires. 
p.  L.  L.,  (1888)  Art.  4,  sec.  819a.    1890,  ch.  370.    1914,  ch.  859. 

To  regulate  the  use  of  streets,  lanes  or  alleys  in  said  city,  by 
railway  or  other  tracks,  gas  or  other  pipes,  telegraph,  telephone, 
electric  light  or  other  wires  and  poles,  in,  under,  over  or  upon 
the  same,  and  to  require  all  such  wires  to  be  placed  under 
ground  after  such  reasonable  notice  as  it  may  prescribe.  To 
determine  the  character  of  the  foundation  to  be  used  under  and 
around  the  railway  ties,  and,  in  any  case  where  a  street  is  being 
paved  by  the  Paving  Commission  or  other  public  agency  and 
the  character  of  the  foundation  is  not  determined  by  ordinance, 
the  same  shall  be  determined  by  the  Paving  Commission  "or  other 
public  agency  doing  such  paving,  and  full  power  to  do  so  is 
hereby  given.  It  shall  be  the  duty  of  every  railroad  or  street 
railway  corporation  occupying  with  its  tracks  any  portion  of 
the  public  highways  of  Baltimore  City  to  put  in  the  character 
of  foundation  determined  upon  in  pursuance  of  this  provision. 

Ches.  &  Pot.  Tel.  Co.  v.  McKenzie,  74  Md.  47-48.  Koch  v.  North  Ave. 
Ry.  Co.,  75  Md.  222-229.  N.  Balto.  Pass.  Ry.  Co.  v.  N.  Ave.  Ry  Co.,  75 
Md.  233.  N.  Balto.  Pass.  Ry.  Co.  v.  Mayor,  &c,  Balto.,  75  Md.  247.  Lake 
Rol.  R.  R.  Co.  v.  Baltimore,  77  Md.  380-381.  Garrett  v.  Lake  Rol.  El. 
R.  R.  Co.,  79  Md  286.  Postal  Tel.  Cable  Co.  v.  Balto.,  79  Md.  511.  Edi- 
son Co.  V.  Hooper,  85  Md.  111.  Hooper  v.  Balto.  City  Pass.  Ry.  Co.,  85 
Md.  509.  Poole  v.  Falls  Rd.  Ry.  Co.,  88  Md.  533.  C.  &  P.  Tel.  Co.  v. 
Balto.  City,  89  Md.  705.  C.  &  P.  Tel.  Co.  v.  Balto.  City,  90  Md.  638. 
Baltimore  v.  C.  &  P.  Tel.  Co.,  92  Md.  692.  Balto.  v.  Balto.  Co.  W.  &  Elec. 
Co.,  95  Md.  239.  Purnell  v.  McLane,  98  Md,  594.  Simon's  Sons  v.  Md. 
Tel.  &  Telg.  Co.,  99  Md.  173. 

Rule  laid  down  as  to  extent  of  city's  right  to  regulate  erection  of 
poles  in  the  streets.  City  &  Suburban  Railway  Company  v.  Brush  Elec- 
tric Co.,  Daily  Record,  December  20,  1895. 


41 

When  action  at  law  is  only  remedy  for  injuries  to  abutting  property 
by  the  erection  of  a  pole.  Polenk  v.  Md.  Telephone  Company,  Daily 
Record,  June  13,  1901. 

For  further  decisions  relating  to  use  of  streets  by  tracks,  poles  and 
wires,  see, 

N.  C.  Ry.  Co.  V.  M.  &  C.  C.  of  Balto.,  46  Md.  423.  Kirby  v.  Citizens 
Ry.  Co.,  48  Md.  168.  Hiss  v.  Balto.  &  H.  Ry.  Co.,  52  Md.  242.  Hodges 
V.  B.  C.  P.  Ry.  Co.,  58  Md.  603.  Canton  Co.  v.  B.  &  O.  R.  R.  Co.,  79 
Md.  432,  State  ex  rel  v.  Latrobe,  81  Md.  222.  Birch  v.  Lake  Rol.  El. 
R.  R.  Co.,  83  Md.  369.  United  Rys.  Co.  v.  Hayes,  92  Md.  490.  Lona- 
coning  v.  Consol.  Coal  Co.,  95  Md.  635.     B.  &  O.  R.  R.  Co.  v.  Baltimore, 

98  Md.  536.    Consol.  Gas  Co.  v.  Balto.  Co.,  98  Md.  696. 

(m)      Conduits,  Electrical  Commission  and  Kentals 

OF  Conduits. 

1892,  ch.  200.    P.  L.  L.,  (1888)  Ai't.  4,  sec.  S19B. 

To  provide  a  series  of  conduits  under  the  streets,  lanes  and 
alleys  of  said  city,  or  any  part  or  parts  thereof,  for  the  use  of  tel- 
ephone, telegraph,  electric  light  and  other  wires,  either  by  con- 
structing said  conduits  itself  or  authorizing  their  construction 
by  such  person  or  corporation,  upon  such  terms  as  may  be 
agreed  upon.  To  appoint  an  Electrical  Commission,  with  such 
powers  and  duties  as  it  may  deem  proper  or  appropriate  for 
carrying  out  the  aforesaid  provisions  of  this  section  relating 
to  conduits.  To  require  all  such  wires,  or  any  part  or  parts 
thereof,  and  the  poles  carrying  the  same,  to  be  removed  from  the 
surface  of  the  streets,  lanes  or  alleys  of  said  city,  or  any  part 
or  parts  thereof,  and  to  require  such  wires  to  be  placed  in  such 
conduits,  all  under  such  penalty  as  it  may  prescribe.  To  pre- 
scribe and  establish  reasonable  rentals  to  be  paid  by  any  com- 
pany or  person  using  any  of  said  conduits,  by  whomsoever  the 
same  may  be  constructed,  for  the  use  thereof,  and  to  provide 
for  the  collection  of  such  rentals,  in  addition  to  the  ordinary 
processes  by  such  summary  methods  as  it  may  deem  appropriate ; 
provided,  however,  that  nothing  contained  in  this  Article  shall  be 
deemed  or  taken  to  modify  or  change,  in  any  manner,  the  provi- 
sions of  Ordinance  Xumber  Forty-one,  of  the  Mayor  and  (.^ity 
Council  of  Baltimore,  approved  May  9,  1889,  or  the  rights  and 
privileges  granted  thereby  to  the  companies  therein  named  or 
either  of  them. 

Hor)i)or  v.  City  I'ass.  Ry.  Co.,  85  Md.  110.     C.  &  P.  Tel.  Co.  v.  Balti- 

rnore,  S9  Md.  689.     C.  &  1'.  Tel.  Co.  v.  Baltimore,  90  Md.  038.     C.  &  P. 

^Tel.   Co.   V.   Baltimore,   92   Md.   692.     Purnell   v.   McLane,   98  Md.   590. 

Of.,  Edison  Co.  v.  Hooper,  85  Md.  110.     Simon's  Sons  v.  Md.  Tel.  Co., 

99  Md.  173. 


42 

(n)     Bkidges  and  Turnpike  Koads. 

1824,  ch.  105.     P.  L.  L.,  (1860)  Art.  4,  sec.  857.    P.  L.  L.,  (1888)  Art.  4, 

sec.  818. 

To  purchase,  with  the  County  Commissioners  of  any  adjoin- 
ing or  neighboring  counties  of  said  city,  all  bridges  and  turn- 
pikes roads,  or  any  portions  thereof,  leading  toward  said  city, 
at  such  times  and  upon  such  terms  as  it  and  said  County  Com- 
missioners on  the  one  part,  and  the  owner  of  such  bridges  and 
highways  on  the  other,  may  mutually  agree,  and  when  so  pur- 
chased all  or  any  of  them  shall  thereafter  be  free  public  high- 
ways, and  as  such  under  the  care  and  management  of  said  city 
and  said  County  Commissioners,  as  they  may  respectively 
provide  and  stipulate  as  between  them. 

Hooper  v.  President,  B.  &  Y.  Turnpike  Road,  34  Md.  521.  Balto.  & 
Havre  de  Grace  Turnpike  Co.  v.  Union  Ry.  Co.,  35  Md.  224.  Peddi- 
cord  V.  B.  C.  &  E.  M.  R.  R.  Co.,  34  Md.  463.  M.  &  C.  C.  of  Baltimore 
V.  Turnpike  Co.,  80  Md.  541.  See  Frusli  v.  Mayor,  City  Court,  Oct.  15, 
1874,  decision  of  Brown,  C.  J. 

(o)        Cathedral   Cemetery. 
Kepealed  by  Act  of  1912,  chapter  429. 

(p)      Light  Street  Bridge. 
1886,  ch.  24.     P.  L.  L.,   (1888)  Art.  4,  sec.  823. 

With  the  County  Commissioners  of  Anne  Arundel  County, 
to  cause  to  be  erected  and  maintained  at  their  joint  expense 
lamps  along  and  on  Light  Street  Bridge,  not  more  than  seventy- 
five  yards  apart ;  provided,  that  there  shall  be  at  least  one  lamp 
at  each  end  of  the  draw  of  said  bridge,  and  the  said  lamps  shall 
be  attended  to,  cleaned,  lighted  at  night  and  extinguished  in 
the  morning  by  the  keeper  of  said  bridge. 

Pumplirey  v.  Mayor,  47  Md.  145.     Mayor,  &c.  v.  Stoll,  52  Md.  435. 

See  note  pages  364-365  City  Code  (1879). 

See  Act  1914,  ch.  267. 

(q)      Distributing  Poles  and  Other  Similar  Structures. 

1908,  ch.  168. 

To  erect  and  construct  through  the  Electrical  Commission, 
in  connection  with  the  underground  conduits  now  in  course  of 
construction  by  said  Commission,  distributing  poles  or  other 
similar  structures ;  and  to  compel  and  regulate  the  use  of  said 
poles  or  other  similar  structures  by  individuals  and  corporations 
to  the  same  extent  as  the  Mayor  and  City  Council  of  Baltimore 


43 

can  now  compel  and  regulate  the  use  of  underground  conduits 
by  individuals  or  corporations. 

(27)  SUKVEYOR. 

p.  L.  L.,  (1860)  Art.  4,  sec.  865.     P.  L.  L.,   (1888)  Art.  4,  sec.  825. 

To  prescribe  by  ordinance  the  duties  and  compensation  of 
the  City  Surveyor. 

(28)  TAXES. 

(a)     Annual   Levy. 

1874  eh.  180.     P.  L.  L.,   (1888)  Art.  4,  sec.  827. 

To  levy  annually  upon  the  assessable  property  of  the  city,  by 
direct  tax,  with  full  power  to  provide  by  ordinance  for  collection 
.of  the  same,  such  sum  of  money  as  may  be  necessary,  in  its 
judgment,  for  the  j^^^i'pose  of  defraying  the  expenses  of  said 
city  over  and  exclusive  of  all  expenses,  charges  and  sums  of 
money  which  it  is,  or  shall  be  required  bv  law  to  collect  for  other 
purposes  subject  to  the  provisions  and  limitations  herein  con- 
tained. 

St.  Mary's  Industrial  School  v.  Brown,  45  Md.  329-333.  Hopkins  v. 
Van  Wyck,  80  Md.  17.  Casualty  Ins.  Co.'s  Case,  82  Md.  561-564.  Cf., 
Insurance  Co.  v.  Mayor,  &c.,  23  Md.  296.  Watts  v.  Port  Deposit,  46 
Md.  500-505.  Mayor,  &c.  v.  Johnson,  62  Md.  225.  Hebb  v.  Moore,  66 
Md.  167.  B.  C.  &  A.  R.  R.  Co.  v.  Wicomico  Co.,  93  Md.  124.  Water  Co. 
V.  Westminster,  98  Md.  551. 

(b)      Peoperty  Taxable. 

1865,  ch,  119.    P.  L.  L.,  (1888)  Art.  4,  sec.  828. 

To  lev}^  and  collect  taxes  upon  every  description  of  property 
found  within  the  corporate  limits  of  said  city,  which  it  is  now 
authorized  by  law  to  levy  taxes  upon,  for  the  purpose  of  defray- 
ing the  expenses  of  the  municipal  government,  whether  the 
owners  thereof  reside  within  or  without  the  limits  of  said 
corporation;  provided  that  no  stocks,  bonds,  mortgages,  certifi- 
cates or  other  evidences  of  indebtedness  of  any  bank  or  other 
corporation  situate  within  the  limits  of  said  city,  which  are 
OAvned  or  liold  by  persons  residing  witbout  said  limits,  shall  be 
subject  to  taxation  for  the  purpose  above  set  forth  ;  and  provided 
further  than  no  authority  is  given  by  this  section  to  impose  taxes 
on  any  property  which  is  now  or  may  hereafter  be  exempted  from 
taxation  by  any  general  or  special  Act  of  the  General  Assembly 
of  ^Marvlaiul,  nor  upon  any  ])V()pcM-ty  wliicli  may  bo  stored  or 
deposited  in  the  City  of  Baltimore  for  temporary  purposes. 


44 

M.  &  C.  C.  of  Balto.  V.  B.  &  O.  R.  R.  Co.,  6  Gill  294.  Latrobe  v. 
Mayor,  19  Md.  13.  Mayor  v.  Sterling,  29  Md.  48.  The  Appeal  Tax 
Court  Cases  in  50  Md.  Gunther  v.  Baltimore,  45  Md.  457.  Union,  &e., 
Co.  V.  Mayor,  71  Md.  405.  Hopkins  v.  Baker,  78  Md.  363.  Postal  Tel. 
Cable  Co.  v.  Balto,,  79  Md.  502.  Park  Tax  Case.  84  Md.  1.  Textor  v. 
Shipley,  86  Md.  442.  Corry  v.  Baltimore,  96  Md.  322.  Balto.  City  v. 
Johnson.  96  Md.  738.  Dry  Dock  Co.  v.  Baltimore,  97  Md.  103.  Con- 
solidated Gas  Co.  V.  Baltimore,  101  Md.  541. 

For  additional  decisions  bearing  upon  the  construction  of  this  sec- 
tion, see, 

Mayor,  &c.  v.  Chase,  2  G.  &  J.  376.  Dallam  et  al.  v.  Oliver's  Exrs., 
3  Gill  445.  Mayor  v.  State,  15  Md.  376.  Mayor,  &c.  v.  Grand  Lodge, 
60  Md.  280.  Mayor,  &c.  v.  Canton  Co..  63  Md.  218.  Bonaparte  v.  State, 
63  Md.  446.  Mayor,  &c.,  Balto.  v.  Hussey,  67  Md.  112.  Degner  v. 
Mayor,  &c.,  74  Md.  144.  Wells  v.  Hyattsville,  77  Md.  133.  County 
Commr's  v.  Winand,  77  Md.  522.  U.  S.  Elec.  Light  Co.  v.  State,  79 
Md.  63.  Simpson  v.  Hopkins,  82  Md.  478.  Myers  v.  Baltimore  County, 
83  MQ.  386.  Fredk.  County  v.  Fredk.  City.  88  Md.  658.  Salisbury  v, 
Jackson,  89  Md.  521.  Kinehart  v.  Howard,  90  Md.  1.  Monticello  v. 
Baltimore  City,  90  Md.  426.  Balto.  City  v.  Safe  Deposit  &  Trust  Co., 
97  Md.  659.  Balto  City  v.  Allegheny  Co.,  99  Md.  1.  Cambridge  v. 
Water  Co.,  99  Md.  501. 

For  other  cases  relating  to  taxes  and  taxation,  see  under  sections 
4,  36,  40,  42  to  58  inclusive,  145  to  171  inclusive,  and  843  of  the  Charter. 

Taxation  of  Easements  by  Appeal  Tax  Court:  In  Article  81,  sections 
2,  4,  138  and  141,  the  Legislature  did  not  intend  that  such  an  easement 
as  the  Baltimore  and  Fredericktown  Turnpike  Company  possesses  in  its 
road-bed  in  Baltimore  City  should  be  assessable  by  the  Appeal  Tax  Court. 

Balto.  &  Fredk.  Turnpike  Co.  v.  Mayor  &  C.  C.  of  Baltimore,  Daily 
Record,  May  7,  1903, 

Arbitrary  exemption  from  taxation  void. 

Baltimore  v.   Star  Church,  106  Md.  281. 

Foreign  corporation  doing  business  in  State  not  exempt. 
Hannis  Dis.  Co.  v.  Balto.,  114  Md.  678. 

City  can  increase  assessment  on  land  decreed  to  be  sold  in  Equity. 
M.  &  C.  C.  V.  John  S.  Gittings,  Trustee,  113  Md.  120. 

Notice  addressed  to  plaintiff  personally,  and  not  as  Trustee,  is  suffi- 
cient to  inform  him  of  the  increase  proposed  to  be  made  in  the  assess- 
ment and  his  remedy  is  by  appeal  to  City  Court  and  not  to  apply  to  a 
Court  of  Equity. 

M.  &  C.  C.  V.  Gittings,  113  Md.  120. 

(c)     Abatements  to  Encourage  Manufactures. 

1880,  ch.  187.     P.  L.  L.,   (1888)  Art.  4,  sec.  829.    1912,  ch.  32. 

To  provide  by  general  ordinance,  whenever  it  shall  seem 
expedient  for  the  encouragement  of  the  growth  and  develop- 
ment of  manufactures  and  manufacturing  industry  in  the  said 
city,  for  the  abatement  of  any  or  all  taxes  levied  by  authority 
of  the  said  Mayor  and  City  Council  of  Baltimore,  or  by  ordi- 
nance thereof,  for  any  of  the  corporate  uses  thereof,  upon  any  or 


45 

all  personal  property  of  every  description  ov/ned  by  any  indi- 
vidual, lirm  or  corporation  in  said  city,  and  property  subject  to 
valuation  and  taxation  therein,  including  mechanical  tools  or 
implements,  whether  worked  by  hand  or  steam  or  other  motive 
power,  machinery,  manufacturing  apparatus  or  engines,  raw 
materials  on  hand,  stock  in  trade,  bills  receivable,  and  business 
credits  of  every  kind,  which  said  personal  property  shall  be 
actually  employed  or  used  in  the  business  of  manufacturing  in 
said  city;  provided  that  such  abatement  shall  be  extended  to 
all  persons,  firms  and  corporations  engaged  in  the  branches  of 
manufacturing  industry  proposed  to  be  benefited  by  any  ordi- 
nance passed  imder  the  provisions  of  this  paragraph  of  this 
section.  Any  taxes  so  abated  shall  be  deducted  from  the  taxes 
payable  upon  the  capital  stock,  taxable  in  said  city,  of  manufac- 
turing corporations,  incorporated  under  the  laws  of  the  State 
of  Maryland  and  located  in  said  city;  but  nothing  herein  con- 
tained shall  affect  in  any  way  the  taxes  that  are  now  or  may 
hereafter  be  payable  by  law  to  the  State  of  Maryland  or  any 
of  the  counties  or  municipalities  of  the  State  on  the  capital 
stock  of  manufacturing  corporations,  incorporated  under  the 
laws  of  this  State  and  located  in  Baltimore  City.  It  shall  be 
the  duty  of  the  Appeal  Tax  Court  to  make  such  abatement  of 
taxes,  levied  as  aforesaid,  as  may  be  authorized  and  directed 
by  ordinance,  as  aforesaid;  provided  that  application  for  such 
abatement  as  aforesaid  shall  be  made  by  the  party  applying  for 
the  same  before  the  annual  revision  and  correction  of  the  tax 
lists  for  the  year  in  which  said  applicant  desires  such  abatement, 
but  it  shall  not  be  necessary  for  the  applicant  to  renew  his 
application  from  year  to  year.  Said  application  shall  be  verified 
to  the  satisfaction  of  said  court  by  the  oath  of  the  party  applying 
for  the  same  or  other  satisfactory  evidence.  Said  court  shall 
further  keep  a  record  of  all  abatements  made  by  it  as  aforesaid 
and  report  in  writing  the  aggregate  amount  thereof  to  the  "Mayor 
and  City  Council  of  P>altiniore  on  or  before  the  fifteenth  day  of 
October  in  each  year. 

Consol.  Gas  Co.  v.  Mayor  &  C.  C.  of  Balto.,  62  Md.  5SS.     r/..  Wells  v. 
Hyattsville.  77  Md.  125.    Electric  Light  Co.  v.  Frederick  City,  84  Md.  5fl0. 

(ll)  COT.T-KCTION    OF  TaXKS. 

ISIO,  cii.  (>'.i.     1S74.  eh.  :;'.).     r.  L.  L.,    (1800)   Art.  4.  s(>c.  S7:{.     P.   L.  1- 

(1S8S)  Art.  4,  sees.  830,  831. 

To  extend  the  limits  of  direct  taxation  within  the  said  city, 
from  time  to  time,  as  it  sli:ill  deem  oxpcdicnt.  To  liiivc  power 
to  provide  bv  ordiiiaiifo  or  otherwise  for  tlio  pmmpt  colloction 


46 

of  taxes  due  the  city,  and  have  power  to  sell  real  estate,  as  well 
as  personal  property,  for  the  payment  of  taxes. 

Mayor,  &c.  v.  Howard,  G  H.  &  J.  383.  Dugaii  v.  Mayor,  1  G.  &  J.  499. 
Mayor,  &c.  v.  Chase,  2  G.  &  J.  376.  Dallam  et  al.  v.  Oliver's  Exrs.,  3 
Gill  445.  Eschbach  v.  Pitts,  6  Md.  71.  Latrobe  v.  Mayor,  19  Md.  13. 
Appeal  Tax  Court  v.  W.  M.  R.  K.  Co..  50  Md.  274.  Appeal  Tax  Court 
V.  Patterson.  50  Md.  354.  Baltimore  v.  Hussey,  67  Md.  112.  Union, 
&c.,  Co.  V.  Mayor.  71  Md.  23S.  Degner  v.  Mayor,  74  Md.  144.  Parlett  v. 
Dugan,  85  Md.  407.     Textor  v.  Shipley,  86  Md.  442. 

In  relation  to  collection  of  taxes  generally,  sec, 

Tuck  V.  Calvert,  33  Md.  209.  Dashiell  v.  Mayor,  45  Md.  613.  Wheeler 
V.  Addison.  54  Md.  41.  County  Commissioners  v.  Union  IVIining  Co..  61 
Md.  545.  Hebb  v.  Moore,  66  Md.  167.  Condon  v.  Mayuard.  71  Md.  601. 
Faust  v.  Building  Ass'n.,  84  Md.  186.     Fowble  v.  Kemp,  92  Md.  628. 

(29)     THEATRICAL  AITD   OTHER  PUBLIC   AMUSE- 
MENTS. 

p.  L.  L.,  (1860)  Art.  4,  sec.  906.     P.  L.  L.,  (1888)  Art.  4,  sec.  665. 

To  provide  for  licensing,  regulating  and  restraining  theatrical 
or  other  public  amusements  within  the  City  of  Baltimore. 

(30)         WATER. 

(a)      AcQuisiTiOiV   OF   Land  and   Watercourses. 

1853,  ch.  376.     P.  L.  L.,   (1860)  Art.  4.  sec.  928.     P.  L.  L.,   (1888)   Art.  4, 

sec.  915. 

To  establish,  operate,  maintain  and  control  a  system  of  water 
supply  for  Baltimore  City,  and  to  pass  all  ordinances  necessary 
in  the  premises.  From  time  to  time  to  contract  for,  purchase, 
lease,  and  hold,  in  fee  simple,  or  for  a  term  of  years,  any  land, 
real  estate,  spring,  brook,  water,  watercourse,  and  also  the  right 
to  use  and  occupy,  forever  or  for  a  term  of  years,  any  land, 
real  estate,  spring,  brook,  water  or  watercourse  which  it  ma,y 
conceive  expedient  and  necessary  for  the  purpose  of  conveying 
water  into  the  said  city  for  the  use  of  the  said  city  and  for  the 
health  and  convenience  of  the  inhabitants  thereof,  and  also  the 
right  to  enter  and  pass  through,  from  time  to  time,  as  occasion 
may  require,  and  to  use  and  occupy  the  said  lands,  through  which 
it  may  deem  necessary  to  convey  the  said  water ;  and  it  is  hereby 
invested  with  all  the  rights  and  powers  necessary  for  the  intro- 
duction of  water  into  said  city,  and  to  enact  and  pass  all  ordi- 
nances from  time  to  time,  which  shall  be  deemed  necessary  and 
proper  to  exercise  the  powers  and  effect  the  objects  above 
specified. 

Mayor.  &c.  v.  Appold,  42  Md.  442.  Mayor,  &c.  v.  Warren  Mfg.  Co., 
59  Md.  96.     Baltimore  City  v.  Merryman,  86  Md.  591.     Of.,  Baltimore 


47 

V.  Ritchie,  51  Md.  232.     Consolidated  Gas  Co.  v.  Balto.  County,  98  Md. 
695.     Callaway  v.  Baltimore  City,  99  Md.  316. 

Where  a  municipality  furnished  water  gratuitously  to  be  used  in 
extinguishing  fires  it  acts  in  a  governmental  capacitj'  and  is  not  liable 
for  negligence  in  connection  with  its  water  works. 

Wallace  v.  Baltimore  City,  123  Md.  638. 

See  Act  of  1908.  ch.  214,  quoted  in  sees.  826z,  to  826pp.,  both  inclusive. 

Condemnation  Proceedings  to  Acquire  Land,  etc.,  for  Water  Supply. 
— Measure  of  Damages  and  how  to  be  Estimated. 
Brack  v.  Baltimore,  125  Md.  — . 

(b)      Sale  of  Water. 

1882,  ch.  225.     P.  L.  L.,  (1888)  Art.  4,  sec.  916. 

To  contract  with  individuals,  firms  or  corporations  for  the 

use  of  the  water  of  said  city,  on  such  terms  and  for  such  time 

as  it  may  deem  proper  and  expedient. 

Baltimore  City  v.  Day,  89  Md.  555. 

(c)  Acquisition  of  Property  and  Materials  by  Agree- 

ment. 

P.  L.  L.,  (1860)  Art.  4,  sec.  929.    P.  L.  L.,  (1888)  Art.  4,  sec.  917. 

The  Mayor  and  City  Council  of  Baltimore,  or  any  agent 

authorized  by  it,  may  agree  with  the  o\\Tier  of  any  land,  real 

estate,  spring,  brook,  water  or  watercourse,  as  aforesaid,  earth, 

timber,  stone  or  other  materials  which  it  may  conceive  expedient 

or  necessary  to  purchase  and  hold,  for  the  purpose  of  introducing 

water  into  the  City  of  Baltimore. 

Baltimore  City  v.  Day,  89  Md.  551. 

(d)  Or,  May  Acquire  Same  by  Condemnation  Proceedings. 

1853,  ch.  376.    P.  L.  L.,  (1860)  Art.  4,  sec.  930.    P.  L.  L.,  (1888)  Art.  4. 

sec.  918. 

If  they  cannot  agree,  or  if  there  be  any  incapacity  or  disability 
to  contract  with  the  owner  of  such  land  or  real  estate,  spring, 
brook,  water  or  watercourse  as  aforesaid,  earth,  timber,  stone,  or 
other  materials,  or  with  the  owner  of  such  lands  through  which 
the  said  city  may  find  it  necessary  to  have  a  right  of  entry  and 
passage,  for  the  purpose  of  conveying  the  said  water  into  the  said 
city,  or  if  such  owner  should  be  absent,  out  of  the  State,  or 
unknown,  it  shall  be  lawful,  on  application  of  the  city,  for  any 
Justice  of  the  Peace  of  the  county  in  which  said  lands,  eartli 
or  other  property  or  materials  as  aforesaid  are  situate,  to  issue 
his  warrant  to  tlie  SlierilV,  of  said  county,  commanding  him  to 
summon  from  the  said  county  a  jury  of  twenty  freeliolders, 
inhabitants  of  said  county,  not  related  to  the  owner  or  persons 


48 

interested,  as  aforesaid,  in  the  said  real  estate,  or  other  property, 
to  meet  on  the  premises  which  are  to  be  valued,  on  some  certain 
day  to  be  named  in  said  warrant,  of  which  said  warrant  and 
the  day  therein  named  for  the  meeting  of  the  jury,  twenty  days' 
notice  shall  be  given  previous  to  such  day  by  the  city  to  every 
owner  or  person  interested,  as  aforesaid,  or  if  any  owner  be  an 
infant  or  lunatic,  or  feme  covert,  to  his  or  her  guardian  or  her 
husband,  or  in  either  case  left  at  his  or  her  place  of  abode,  or 
if  out  of  the  State  or  unknown,  such  notice  shall  be  published 
not  less  than  eight  weeks  successively  in  some  one  or  more  of 
the  daily  newspapers  of  Baltimore  City,  and  in  some  one  or 
more  of  the  newspapers  of  the  county  in  which  said  property 
may  be  located,  if  any  newspapers  be  published  in  such  county. 
Graff  V.  Mayor,  10  Md.  544.  Kane  v.  Mayor,  15  Md.  240.  Taylor  v. 
Mayor,  45  Md.  576.  Mayor,  &c.  v.  Warren  Mfg.  Co.,  59  Md.  96.  Balto. 
City  V.  Merryman,  86  Md.  591.  C/.,  Baltimore  v.  Ritchie,  51  Md.  233. 
Helfrich  v.  Catonsville  W.  Co.,  74  Md.  269. 

(e)      Selection  of  Jury. 

P.  L.  L.,  (I860)  Art.  4,  sec.  931.    P.  L.  L.,  (1888)  Art.  4,  sec.  919. 

From  the  list  of  jurors  so  returned  and  attending,  the  person, 
the  condemnation  of  whose  property  may  be  desired,  may  strike 
four,  and  the  said  city  may  strike  four,  so  that  the  number  of 
jurors  be  reduced  to  twelve,  and  in  case  either  party  shall  neglect 
or  refuse  to  strike  off  the  names  of  jurors,  then  it  shall  be  the 
duty  of  the  Sheriff  or  his  deputy,  who  shall  attend  as  herein- 
before directed,  to  strike  off  jurors  for  the  party  so  refusing  or 
neglecting,  so  that  the  number  of  jurors  be  reduced  to  twelve  as 
aforesaid. 

(f)     Duty  of  Jury. 

P.  L.  L.,  (I860)  Art.  4,  sec.  932.    P.  L.  L.,  (1888)  Art.  4,  see.  920. 

The  jurors  so  remaining  shall  inquire  into,  assess  and 
ascertain  the  sum  of  money  to  be  paid  by  the  said  city  for  land, 
spring,  brook,  water  rights  or  other  property  which  it  may  deem 
necessary  to  purchase  and  hold  or  use  for  the  purpose  aforesaid. 

(g)     Oath. 

P.  L.  L.,  (1860)  Art.  4,  sec.  933.    P.  L.  L.,  (1888)  Art.  4,  sec.  921. 

Before  the  said  jury  act  as  such  the  said  Sheriff  or  his 
deputy  shall  administer  to  each  of  them  an  oath  that  he  will 
justly  and  impartially  value  the  damages  which  the  owners  or 
parties  holding  an  interest  therein  will  sustain  by  the  use  and 
occupation  of  said  property  by  the  city. 


49 

(h)  Inquisition. 
P.  L.  L.,  (I860)  Art  4,  sec.  934.  P.  L.  L.,  (18SS)  Ai-t.  4,  sec.  922. 
The  said  jury  shall  reduce  their  inquisition  to  writing  and 
shall  sign  and  seal  the  same,  and  it  shall  then  be  returned  by 
said  Sheriff  to  the  Clerk  of  the  Circuit  Court  for  said  county, 
and  be  filed  by  such  clerk  in  his  office,  and  shall  be  confirmed  by 
said  court  at  its  next  session,  if  no  sufficient  cause  to  the  con- 
trary be  shown ;  and  when  confirmed  shall  be  recorded  by  the 
said  clerk  at  the  expense  of  the  city. 

(i)     Duty  of  Court, 

p.  L.  L..   (I860)  Art.  4,  sec.  935.     1876,  ch.  19.    P.  L.  L.,   (1888)  Art.  4, 

sec.  923.     1912,  ch.  32. 

Within  ten  days  after  the  return  of  said  inquisition  to  said 
court,  exceptions  may  be  filed,  in  writing,  by  any  party  inter- 
ested, showing  cause  why  said  inquisition  should  not  be  con- 
firmed. If  said  exceptions  be  filed,  the  court  shall  cause  the 
whole  matter  to  be  tried  de  novo  before  a  jury  to  be  selected 
and  impaneled  as  juries  in  ordinary  cases  at  law,  and  the  trial 
shall  be  governed  by  the  same  rules  as  to  the  admission  of 
evidence  and  instructions  to  the  jury  as  apply  in  ordinary  law 
cases.  Upon  request  of  any  party  to  the  proceedings,  or  any 
juror,  the  jury  may  be  sent  to  view  the  premises,  under  such 
regulations  as  the  court  may,  by  general  rule  or  special  order, 
provide.  From  any  decision  on  matter  of  law  made  by  said 
court,  during  such  trial,  an  appeal  may  be  taken  to  the  Court 
of  Appeals,  provided,  that  such  appeal  be  taken  within  ten  days 
after  such  decision  shall  be  made,  and  the  Court  of  Appeals 
may  award  costs  to  either  party  in  its  discretion. 

Taylor  v.  Mayor,  45  Md.  576. 

(j)  Property  Condemned. 
P.  L.  L.,  (I860)  Art.  4,  sec.  936.  P.  L.  L.,  (1888)  Art.  4,  sec.  924. 
The  inquisition  shall  describe  the  property  taken  or  the 
bounds  of  the  land  condemned,  and  the  quantity  or  duration  of 
the  interest  in  the  same,  valued  to  the  city ;  and  such  valuation, 
when  paid  or  tendered  to  the  o\vner  of  said  property,  or  his 
legal  representative,  shall  entitle  the  city  to  the  use,  estate  and 
interest  in  the  same  thus  valued,  as  fully  as  if  it  had  been 
conveyed  by  tlie  owner  of  the  same;  and  the  valuation,  if  not 
received  when  tendei-ed,  may  at  any  time  thereafter  be  received 
from  the  city,  without  interest,  by  the  said  owner  or  liis  legal 

representative. 

Mayor,  &c.  v.  Warren  Mfg.  Co.,  59  Md.  96. 


50 

(k)        Selection  of  Jury. 

p.  L.  L.,  (1860)  Art.  4,  sec.  937.    P.  L.  L.,  (1888)  Art.  4,  sec.  925. 

If  the  twenty  jurors  summoned  as  aforesaid  shall  not  appear 
at  the  time  and  place  as  aforesaid  the  Sheriff  or  his  deputy,  as 
the  case  may  be,  shall  forthwith  summon  other  freeholders  of 
the  county,  from  the  bystanders  or  others  qualified  as  aforesaid, 
to  make  up  the  said  jury  to  the  number  of  twelve. 

(l)      Compensation  of  Juroks  and  Sheriff. 
P.  L.  L.,  (1860)  Art.  4,  sec.  938.    P.  L.  L.,  (1888)  Art.  4,  sec.  926. 

The  jurors  so  summoned  and  attending  shall  be  allowed  the 
same  compensation  as  is  allowed  to  the  jurors  in  the  Circuit 
Court  for  the  county,  and  the  Sheriff  shall  be  allowed  similar 
fees  as  are  allowed  by  law  for  the  summoning  jurors  to  attend 
Circuit  Court  for  the  county,  and  also  a  per  diem  of  two  dollars 
for  every  day  he  or  his  deputy  shall  be  in  attendance  upon  an 
inquisition ;  and  such  expenses  shall  be  paid  by  the  city,  except 
in  cases  of  objection  to  the  confirmation  of  inquisitions  before 
the  Circuit  Court,  when  the  costs  in  said  Court  may  be  awarded 
in  the  discretion  of  the  Court. 

Paragraphs  D  to  L,  both  inclusive,  superseded  by  Act  of  1914,  ch.  463. 
quoted  in  Appendix. 

(m)     Water  Stock. 

1870,  ch.  24.     P.  L.  L.,   (1888)  Art.  4,  sec.  927. 

For  the  purpose  of  defraying  all  the  expenses  and  costs  of 
lands,  waters  and  water  rights  as  have  been  taken  for  the 
purposes  aforesaid,  and  of  constructing  all  works  necessary  to 
the  accomplishment  of  said  piirposes,  and  all  expenses  incident 
thereto,  the  said  city  shall  have  authority,  in  the  name  of  the 
city,  to  issue  certificates  of  debt,  to  be  denominated  on  the  face 
Baltimore  Water  Stock  to  an  amount  not  exceeding  five  million 
dollars  bearing  interest  not  exceeding  six  per  cent,  per  annum, 
and  to  provide  by  ordinance  for  the  redemption  of  the  same  at 
a  certain  time,  under  such  provisions  as  the  city  may  deem 
expedient  and  proper.  The  said  city  is  authorized  and  empow- 
ered to  assess  rates  for  the  supply  and  use  of  water  at  any  point 
in  Baltimore  City  or  County,  and  also  to  enforce  payment  for 
the  use  of  water,  and  other  expenses  incurred  in  the  introduction 
of  water  from  the  water  mains,  according  to  the  rates  established 
by  the  said  city,  said  payments  to  be  enforced  by  the  same 
process  that  city  or  State  taxes  are  collected,  or  that  may  be 
collected  by  process  before  a  Justice  of  the  Peace,  or  in  any  of 


51 

the  Courts  of  the  Citv  of  Baltimore  havinc'  iurisdiction  in  such 
cases.  The  said  city  is  authorized  and  empowered  to  appoint 
watchmen  or  such  police  force  as  may  be  necessary  for  the 
protection  of  its  water  works  iu  the  City  and  County  of  Balti- 
more, and  to  impose  fines  and  penalties  for  interference  with 
or  injui'v  to  the  works  or  their  appendages.  To  prevent  the 
water  from  being  obstructed  or  contaminated,  and  to  prohibit 
all  meddling  or  tampering  with  the  water  works  and  their 
appurtenances ;  said  fines  and  penalties  shall  be  enforced  and 
collected  as  other  fines  and  penalties  are  enforced  and  collected 
by  law. 

No  authority  to  issue  loan  under. 

Baltimore  v.   Bond,   104  Md.   590. 

(n)      Water   Bonds. 
1886,  ch.  121.     p.  L.  L.,  (1888)  Art.  4,  sec.  928. 

To  issue  bonds  or  certificates  of  indebtedness  to  an  amount 
not  exceeding  one  million  dollars,  from  time  to  time,  as  the  same 
nuiy  be  required,  payable  at  such  time  and  bearing  such  rate  of 
interest  not  exceeding  five  per  cent,  per  annum  as  the  said  city 
shall  provide  by  ordinance,  the  proceeds  of  the  said  bonds  or 
certificates  of  indebtedness  to  be  applied  to  the  purpose  of  con- 
structing and  completing  Lake  Clifton,  as  proposed  to  be  con- 
structed on  the  line  of  the  work  of  the  inti-oduction  of  the  water 
of  the  Gunpowder  Falls  to  the  City  of  Baltimore,  and  for  the 
acquisition  of  the  necessary  land  in  Baltimore  County,  whereon 
to  locate  one  or  more  reser\'oirs,  and  for  the  construction  of  said 
reservoir  or  reservoirs,  and  for  obtaining  such  ])iiiiii)ing 
machinery  as  may  be  necessary  in  connection  therewith,  and  for 
procuring  and  laying  of  iron  pipes  or  mains  for  the  purpose  of 
distributing  said  water  to  the  inhabitants  of  said  city;  ])rovidcd, 
however,  that  the  said  bonds  or  certificates  of  indel)tedness  shall 
not  be  issued  until  the  ordinance  which  the  city  is  authorized 
to  enact  for  such  issue  shall  be  approved  by  a  majority  of  the 
legal  voters  of  Baltimore  City,  at  the  time  and  place  to  be 
appointed  by  said  ordinance  in  the  provisions  for  submitting  the 
same  to  the  legal  voters  of  said  city,  as  required  by  section  7 
of  Article  XI  of  the  Constitution  of  tlie  State. 

fo)      Watki;  System  in  Annex  and  Sihik-bs. 

I'.  [..  I...   (IstiOi   Art.  4,  sec.  940.     V.  L.  T>..   (188S|    Art.    I.  s<-<-.  OI'.O.     1888, 

ch.  98,  .sec.  2.^. 

Before  the  city  shall  lay  any  water  j)ij)es  along  any  street, 
road,  lane  or  avenue  in  the  territory  annexed  to  the  City  of 


52 

Baltimore  under  the  provisions  of  the  Act  of  1888,  Chapter  98, 
upon  which  the  Catonsville  Water  Company  has  laid  its  pipes 
and  other  water  appliances,  the  said  city  shall,  if  said  company 
desires  to  surrender  said  pipes  and  water  appliances  in  such 
street,  road,  lane  or  avenue,  to  the  city,  pay  to  the  said  company 
the  fair  value  of  its  water  pipes  and  other  water  appliances  con- 
structed in  said  street,  lane,  road  or  avenue,  and  such  actual 
damages  to  the  said  company  as  shall  be  caused  by  the  acquisition 
of  said  pipes  and  appliances  by  the  city ;  and  the  amount  so  to 
be  paid,  if  the  said  company  and  the  said  city  cannot  agree  in 
reference,  thereto,  shall  be  ascertained  by  a  majority  of  a  board 
of  three  arbitrators,  one  to  be  appointed  by  the  city,  and  one  by 
said  company,  and  the  two  arbitrators  thus  appointed  shall 
appoint  the  third  arbitrator ;  and  if  they  cannot  agree  upon  such 
third  arbitrator  the  latter  shall  be  appointed  by  the  Governor  of 
the  State;  provided,  whenever  the  Mayor  and  City  Council  of 
Baltimore  shall  extend  its  water  mains  for  the  purpose  of 
supplying  water  therein  into  the  territory  of  Baltimore  County 
previously  occupied  by  some  other  w^ater  company  then  supply- 
ing water  to  residents  of  such  locality,  said  Mayor  and  City 
Council  of  Baltimore,  before  it  shall  supply  water  to  users  in 
said  territory,  shall  purchase  or  condemn  the  water  pipes  and 
rights  of  said  local  water  company.  To  purchase  all  the 
property,  rights,  estates  and  privileges  of  any  chartered  company 
authorized  to  introduce,  or  which  may  hereafter  be  authorized  to 
introduce,  water  into  said  city,  upon  such  terms  as  may  be 
agreed  upon  by  the  city  and  such  corporation  or  corporations, 
in  the  manner  prescribed  in  their  respective  charters,  or  in  the 
absence  of  such  provisions,  as  shall  be  agreed  upon  by  the  said 
city  and  such  corporation  or  corporations ;  and  such  corporation 
is  authorized  to  execute  a  conveyance  to  the  city  of  all  the 
franchises  and  property  of  said  corporation ;  and  all  such  rights, 
privileges  and  franchises  shall  be  vested  in  the  Mayor  and  City 
Council  of  Baltimore,  to  be  held,  exercised  and  enjoyed  by  the 
said  city  as  fully  in  every  respect  as  might  or  could  have  been 
done  by  any  such  corporation  or  corporations  under  their  re- 
spective charters. 

Balto.  City  v.  Balto.  Co.  Water  &  Electric  Co.,  95  Aid.  242. 

(31)     Welfare  and  Other  Powers. 

The  foregoing  or  other  enumeration  of  powers  in  this  Article 
shall  not  be  held  to  limit  the  power  of  the  Mayor  and  City 
Council  of  Baltimore,  in  addition  thereto  to  pass  all  ordinances 
not  inconsistent  with  the  provisions  of  this  Article  or  the  laws  of 


53 

tlie  State  as  may  be  proper  in  executing  any  of  the  powers,  either 
express  or  implied,  enumerated  in  this  section  and  elsewhere  in 
this  Article,  as  well  as  such  ordinances  as  it  may  deem  expedient 
in  maintaining  the  peace,  good  government,  health  and  welfare 
of  the  City  of  Baltimore ;  and  it  may  provide  for  the  enforce- 
ment of  all  such  ordinances  by  such  penalties  and  imprisonments 
as  may  be  prescribed  by  ordinance ;  but  no  fine  shall  exceed  five 
hundred  dollars,  nor  imprisonment  exceed  twelve  months  for 
any  offense. 

Bostock  V.  Sams.  95  Md.  415.     C/.,  Commrs.  of  Easton  v.  Covey,  74 
Md.  262.    Deems  v.  Mayor  &  C.  C.  of  Balto.,  SO  Md.  164. 

Regulations  conceruing  the  removal  of  garbage  and  offal  are  valid 
exercise  of  the  police  power. 

Wm.  R.  Schultz  v.  State  of  Maryland,  112  Md.  211. 
Ordinance  passed  in  pursuance  of  provision  of  Charter  has  same  effect 
as  Act  of  Legislature,  and  supersedes  within  city  limits  provision  of 
State  Law. 

Gould  V.  Baltimore,  119  Md.  534. 

1908,  ch.  54. 

6A.  Whenever  the  Mayor  and  City  Council  of  Baltimore 
shall  condemn  any  land  for  a  street,  square,  lane,  alley,  bridge  or 
its  approaches,  or  reservoir,  or  for  an  esplanade,  boulevard, 
parkway,  parkgrounds  or  public  reservation  around,  adjacent, 
opposite  or  in  proximity,  or  leading  to  a  public  building  or 
buildings,  or  land  adjoining  such  esplanade,  boulevard,  parkway, 
park  grounds,  or  public  reservation  as  authorized  by  the  next 
preceding  section,  or  for  a  schoolhouse,  engine  house,  courthouse 
or  market,  or  shall  condemn  any  land  for  the  purpose  of  erecting 
thereon  any  building,  structure  or  improvement  of  any  descrip- 
tion, intended  for  a  public  or  municipal  use  or  uses,  in  all  such 
cases  the  absolute  and  unqualified  fee  simple  title  to  such  land, 
or,  when  the  proceeding  is  in  personam,  all  the  right,  title  and 
interest  of  the  owner  or  owners  who  are  made  parties  to  the 
proceeding,  if  they  should  not  be  the  owners  of  the  entire  fee 
simple  title,  shall  be  condemned  and  acquired,  so  that  neither  the 
said  land  nor  any  interest  therein,  sliall  under  any  circumstances 
revert  to  the  person  or  persons  who  shall  be  the  owner  or  owners 
thereof  at  the  time  of  the  condemnation,  or  who  shall  be  parties 
to  such  proceeding  in  personam,  nor  to  any  person  or  per-sons 
claiming  under  him,  her  or  them ;  provided,  however,  tlint  wlien 
the  condemnation  slmll  l)f'  provided  for  by  ordinance,  tlic  Mayor 
and  City  Council  of  Baltimore  may  determine,  and  in  (lie  ordi- 
nance providing  for  the  condemnation  declare,  that  an  interest 
for  a  fixed  and  liiiiit<'d  pi  ridd  (»f  time  \\ill  sullico  for  the  purpose 


54 

or  purposes  for  which  the  property  is  to  be  acquired,  and  under 
such  circumstances,  only  such  interest  shall  be  condemned  and 
acquired. 

1910,  ch.  571. 

6B.  The  jMayor  and  City  Council  of  Baltimore  shall  have 
full  power  and  authority  to  establish  or  maintain,  directly  or 
by  contract,  reasonable  facilities  for  the  public  recreation. 

FKANCHISES. 

7.  The  title  of  the  Mayor  and  City  Council  of  Baltimore, 

in  and  to  its  water  front,  wharf  property,  land  under  water, 

public  landings,  wharves  and  docks,  highways,  avenues,  streets, 

lanes,  alleys  and  parks,  is  hereby  declared  to  be  inalienable. 

Townsend,  Grace  &  Co.  v.  Epstein,  93  Md.  537.  Purnell  v.  McLane, 
98  Md.  591.  Brauer  v.  Refrigerating  Co.,  99  Md.  380.  C/.,  Westmins- 
ter Water  Co.  v.  Westminster,  98  Md.  551. 

1904,  ch.  616.    1906,  ch.  152. 

8.  The  Mayor  and  City  Council  of  Baltimore  may  grant  for 
a  limited  time  and  subject  to  the  limitations  and  conditions  con- 
tained in  this  Article,  specific  franchises  or  rights  in  or  relating 
to  any  of  the  public  property  or  places  mentioned  in  the  preced- 
ing section;  provided  that  such  grant  is  in  compliance  with  the 
requirements  of  this  Article,  and  that  the  terms  and  conditions 
of  the  grant  shall  have  first  been  authorized  and  set  forth  in  an 
ordinance  duly  passed  by  the  city.  Every  such  grant  shall 
specifically  set  forth,  define  the  nature,  extent  and  duration  of 
the  franchise  or  right  thereby  granted,  and  no  franchise  or  right 
shall  pass  by  implication  under  any  such  grant ;  and,  notAvith- 
standing  any  such  grant  the  Mayor  and  City  Council  of  Balti- 
more shall  at  all  times  have  and  retain  the  power  and  right  to 
reasonably  regulate  in  the  public  interest  the  exercise  of  the 
franchise  or  right  so  granted ;  and  the  said  Mayor  and  City 
Council  of  Baltimore  shall  not  have  the  power  by  grant  or 
ordinance  to  divest  itself  of  the  right  or  power  to  so  regulate  the 
the  exercise  of  such  franchise  or  right.  But  no  franchise  shall 
be  gi'anted  for  the  erection  on  any  of  the  streets,  lanes,  or  alleys 
of  the  said  city  of  any  awning  poles,  posts,  hitching  posts,  barber 
poles,  railings,  stepping  stones,  sign  posts,  horse  troughs,  clocks, 
stands  of  any  character,  or  cellar  doors  or  coal  holes,  unless  the 
same  be  flush  with  the  pavement ;  nor  shall  any  franchise  be 
granted  for  an  open  area,  unless  the  same  is  used  as  a  means  of 
entrance  to  buildings  used  primarily  for  purposes  of  residence, 


55 

and  only  in  such  case  when  the  same  does  not  extend  more  than 
three  and  one-half  feet  from  the  building  line. 

Towusend,  Grace  &  Co.  v.  Epstein,  93  Md.  537.     Purnell  v.  McLane, 

98  Md.  589.     Simon's  Sons  v.  Md.  Telephone  Co.,  99  Md.  141.     Brauer 
V.  Refrigerating  Co.,  99  Md.  380.      Storck  v.  Baltimore  City,  101  Md.  476, 

In  relation  generallj'  to  franchises  granted  by  the  municipality,  see: 

Baltimore  v.  Clunet,  24  Md.  469.    N.  Balto.  Pass.  R.  R.  Co.  v.  N.  Ave. 

Ry.  Co.,  74  Md.  243.    N.  Balto.  Pass.  R.  R.  Co.  v.  Baltimore,  74  Md.  250. 

Bonaparte  v.  Lake  Rol.   Elv.  R.  R.   Co.,   75  Md.  340.     Lake  Rol.   Elv. 

R.  R.  Co.  V.  Balto.,  77  Md.  372-379.     State  ex  rel.  v.  Latrobe,  81  Md.  222. 

Park  Tax  Case,  84  Md.  1.    Hooper  v.  Balto.  City  Pass.  Ry.  Co.,  85  Md. 

509.     Bear  Creek  Co.  v.  Baltimore  City,  87  Md.  84.     Baltimore  City  v. 

N.  C.  Ry.  Co.,  88  Md.  691.    Ches.  &  Pot.  Telephone  Co.  v.  Baltimore  City, 

S9  Md.  689.    Mealey  v.  Mayor  of  Hagerstown,  92  Md.  752.    Balto.  County 

Water  Co.  v.  Baltimore,  95  Md.  242.    Consolidated  Gas  Co.  v.  Schreiber, 

99  Md.  403.     Referred  to  in  The  Patapsco  Electric  Co.  v.  M.  &  C.  C, 
110  Md.  310. 

Terms  and  CoNDiTiOoSrs  of  Grants  and  Franchises. 

9.  ]^o  franchise  or  right  in  relation  to  any  highway,  avenue, 
street,  lane  or  alley,  either  on,  above  or  below  the  surface  of  the 
same,  shall  be  granted  by  the  Mayor  and  City  Council  of  Balti- 
more to  any  person  or  corporation  for  a  longer  period  than 
twenty-five  years,  but  such  grant  may,  at  the  option  of  the  city, 
provide  for  giving  to  the  grantee  the  right,  on  fair  re-valuation, 
including  in  such  re-valuation  the  value  derived  from  the  said 
franchise  or  right,  to  renewals  not  exceeding  in  the  aggregate 
twenty-five  years.  Such  grant  may  provide  that  upon  the 
tei-mination  of  the  said  franchise  or  right  granted  by  the  City, 
the  plant,  as  well  as  the  property  of  the  grantee  situated  in, 
above  or  under  the  highways,  avenues,  streets,  lanes  or  alleys 
aforesaid,  with  its  appurtenances,  shall  thereupon  be  and  become 
the  property  of  the  city,  without  further  or  other  compensation 
to  the  grantee ;  or  such  grant  may  provide  that  upon  such  deter- 
mination, there  shall  be  a  fair  valuation  of  the  plant  and 
property,  which  shall  be  and  become  the  property  of  the  city 
at  its  election,  on  paying  the  grantee  said  valuation.  If,  by 
virtue  of  the  grant,  the  plant  and  property  are  to  become  the 
property  of  the  city,  without  money  payment  therefor,  the  city 
shall  have  the  option,  either  to  take  and  operate  the  said 
property  on  its  own  account,  or  to  renew  the  said  grant  for  not 
exceeding  twenty-five  years  on  a  re-valuation,  or  sell  the  same 
to  the  higliest  l)iclc]or  at  public  sale.  If  the  originnl  grant  shall 
prescrilK!  that  the  Mayor  and  City  Conncnl  of  iialtiiiioro  shall 
at  its  C'loctir)!!  make  payment  for  such  plant  and  property,  sucli 
payment  shall  ]»•  at  a  fair  valuation  of  the  same  as  property, 


56 

excluding  any  value  derived  from  the  franchise  or  right  and  if 
the  city  shall  make  payment  for  such  plant  and  property,  it  may, 
in  that  event,  operate  the  plant  and  property  on  its  own  account 
for  five  years,  after  which  it  may  determine  either  to  continue 
such  operation  on  its  own  account  or  to  lease  the  said  plant  and 
property  and  the  said  franchise  or  right  to  use  the  highways, 
avenues,  streets,  lanes  and  alleys  or  other  public  property  in 
connection  therewith,  for  limited  periods,  under  such  rules  and 
regulations  as  it  may  prescribe,  or  to  sell  the  plant  and  property 
to  the  highest  bidder  at  public  sale.  Every  grant  of  any  such 
franchise  or  right  shall  make  provision,  by  way  of  forfeiture  or 
otherwise,  of  the  grant  for  the  purpose  of  compelling  compliance 
with  the  terms  of  the  grant,  and  to  secure  efficiency  of  public 
service  at  reasonable  rates,  and  the  maintenance  of  the  property 
in  good  condition,  throughout  the  full  term  of  the  grant.  The 
grant  shall  also  specify  the  mode  of  determining  the  valuations 
and  re-valuations  which  may  be  provided  for  therein. 

Purnell  v.  McLane,  98  Md.  589.  Brauer  v.  Refrigerating  Co.,  99  Md. 
380.  Consolidated  Gas  Co.  v.  Sclireiber,  99  Md.  403.  Cf.,  Mealy  v. 
Mayor  of  Hagerstown,  92  Md.  741. 

1900,  cli.  109. 

10.  Before  any  grant  of  the  franchises  or  right  to  use  any 
highway,  avenue,  street,  lane  or  alley,  or  other  public  property, 
either  on,  above  or  below  the  surface  of  the  same  shall  be  made, 
the  proposed  specific  grant,  except  as  provided  in  the  proviso  to 
section  37  of  this  Article,  embodied  in  the  form  of  a  brief  adver- 
tisement, prepared  by  the  Board  of  Estimates,  at  the  expense 
of  the  applicant,  shall  be  published  by  the  Comptroller  for  at 
least  three  days  in  one  daily  newspaper  published  in  Baltimore 
City  to  be  designated  by  the  Board  of  Estimates,  and  all  the 
provisions  of  section  37  of  this  Article  shall  be  complied  with. 

Purnell  v.  McLane,  98  Md.  591.    Brauer  v.  Refrigerator  Co.,  99  Md.  380. 

Turnpikes  and  private  streets  are  held  to  come  under  this  Section 
when  used  for  the  purpose  of  supplying  electric  current  by  means  of 
wires  and  poles. 

The  Patapsco  Electric  Co.  v.  M.  &  C.  C,  110  Md.  310. 


11.  When  the  grant  of  a  franchise  or  right  is  made  in  com- 
pliance with  the  aforegoing  sections,  the  Mayor  and  City  Council 
of  Baltimore  shall  not  part  with,  but  shall  expressly  reserve  the 
right  and  duty,  at  all  times,  to  exercise,  in  the  interest  of  the 
public,  full  municipal  superintendence,  regulation  and  control, 
in  respect  to  all  matters  connected  with  said  grant  and  not  incon- 
sistent with  the  terms  thereof. 


57 


Purnell  v.  McLaue,  98  Md.  591.  Brauer  v.  Refrigeiatiug  Co.,  99  Md. 
380.    Cf.,  N.  C.  Ry.  Co.  v.  Baltimore,  21  Md.  104. 

12.  Sections  8,  9,  10  and  11  of  this  Article  shall  apply  to 
any  renewal  or  extension  of  the  grant  or  leasing  of  the  property 
to  the  same  grantee  or  to  others. 

1910,  ch.  593.     1912,  ch.  32. 

13.  l^othing  contained  in  this  Article  shall  prevent  the 
Mayor  and  City  Council  of  Baltimore,  from,  in  any  manner, 
disposing  of  any  building  or  parcel  of  land  no  longer  needed  for 
public  use;  provided,  that  such  disposition  shall  be  authorized 
and  provided  for  by  ordinance,  and  shall  be  approved  by  the 
Commissioners  of  Finance  by  their  uniting  in  the  conveyance 
thereof,  and  shall  be  made  at  public  sale,  unless  a  private  sale  be 
expressly  authorized  by  the  Board  of  Estimates  and  so  entered 
on  their  minutes ;  nor  from  renting  for  fixed  and  limited  terms 
any  of  its  property  not  needed  for  public  purposes,  on  approval 
of  the  Commissioners  of  Finance. 

For  decisions  in  relation  to  disposition  of  its  lands  and  property  by 
the  municipality,  see, 

Rittenhouse  v.  Mayor,  25  Md.  336.  Newbold  v.  Glenn.  67  Md.  -489. 
Kilpatricli  v.  M.  &  C.  C.  of  Balto.,  81  Md.  195.  Davidson  v.  Balto.  City, 
96  Md.  509. 

City  may  rent  city  property  for  entertainments  at  times  when  not 
needed  for  public  purposes. 

Gottleib  Knabe  Co.   v.  Macklin,  109  Md.  429. 

1912,  ch.  429. 

14.  Hereafter,  in  contracting  for  any  public  work,  or  the 
purchase  of  any  supplies  or  materials,  involving  an  expenditure 
of  five  hundred  dollars  or  more  for  the  citv,  or  bv  any  of  the 
city  departments,  sub-departments,  or  municipal  officers  not  cm- 
braced  in  a  department,  or  special  commissions  or  boards,  unless 
otherwise  provided  for  in  this  article,  advertisements  for  pro- 
posals for  the  same,  shall  be  first  published  in  two  or  more  daily 
newspapers  published  in  Baltimore  City,  twice  or  of  toner,  the 
first  publication  to  be  made  not  less  than  ten  nor  more  tlian 
twenty  days  prior  to  the  day  set  for  opening  the  bids ;  and  the 
contract  for  doing  said  work  or  furnishing  said  supplies  or 
materials,  shall  be  awarded  by  the  board  provided  for  in  the 
next  section  of  this  article,  and  in  the  mode  and  manner  as 
therein  prescribed. 

American  I>iKhtin>c  Co.  v.  McCuen,  92  Md.  702.  Packard  v.  Hayes,  04 
Md.  2'.',?,.  Smith  v.  Hayes,  98  Md.  4^5.  ]5iiil(llii;,'  Siii)|)ly  ("o.  v.  Baltimore 
City,  100  Mil.  i!)2.     Flack  v.  M.  &  C,  C.  of  iialto..  104  Md.  130. 


58 

As  to  cases  arising  out  of  contracts  witli  city  prior  to  the  enactment 
of  the  New  City  Charter,  see  the  following: 

Baltimore  v.  Eschbach,  18  Md.  276.  Mayor  &c.  v.  Reynolds,  20  Md. 
1.  Mayor  v.  B.  &  O.  R.  R.  Co.,  21  Md.  52.  Rittenhouse  v.  M.  &  C.  C. 
of  Balto.,  25  Md.  336.  Mayor  v.  Musgrave,  48  Md.  272.  Mayor,  &c.  v. 
Weatherby,  52  Md.  442.  Kelly  v.  Mayor,  53  Md,  134.  Morgan  v.  M.  & 
C.  C.  of  Balto.,  58  Md.  509.  Baltimore  v.  Raymo,  68  Md.  569.  Wilson 
V.  Balto.  City,  83  Md.  203.  See  further.  Mealy  v.  M.  &  C.  C.  of  Hagers- 
town,  92  Md.  741.  See  also  cases  under  Section  15,  post. 
Alternative  system  of  bidding. 

Baltimore  City  v.  Flack,  104  Md.  130. 
Selection  of  material  for  paving. — Discretion  to  choose  between  several 
kinds  may  be  delegated. 

Baltimore  v.  Gahan,  104  Md.  157. 
Notice  must  be  published  in  English  language,  unless  notice  published 
as  required,  award  of  contract  will  be  enjoined. 

Bennett  v.  City,  106  Md.  485. 
When  the  lowest  bid  is  not  in  conformity  with  the  specifications  as 
advertised,  the  contract  may  be  awarded  to  the  next  lowest  bidder. 
Maryland  Pavement  Co.  v.  Mahool,  110  Md.  397. 
The  purchases  by  the  Board  of  Police  Commissioners  included  in  their 
estimate  of  expenses  are  not  subject  to  the  provisions  of  this  Section 
and  Section  36B  construed  in  connection  with  Section  747. 
Thrift  V.  Ammidon,  125  Md.  — . 

1908,  ch.  163. 

15.  All  bids  made  to  the  Major  and  City  Council  of  Balti- 
more for  supplies  or  work  for  any  purpose  whatever,  unless 
otherwise  provided  in  this  article,  shall  be  opened  by  a  board,  or 
a  majority  of  them,  consisting  of  the  Mayor,  who  shall  be  presi- 
dent of  the  same,  the  Comptroller,  City  Register,  City  Solicitor, 
and  the  President  of  the  Second  Branch,  which  board,  or 
majority  of  them,  shall,  after  opening  said  bids,  award  the 
contract  to  the  lowest  responsible  bidder,  provided,  however, 
that  whenever  alternative  bids  are  invited  for  two  or  more 
different  things,  then  the  said  board  shall  have  power  and 
authority,  in  its  discretion,  after  all  bids  have  been  opened,  to 
select  the  particular  thing  which  shall  be  adopted,  and  thereupon 
the  said  board  shall  award  the  contract  to  the  lowest  responsible 
bidder  for  and  upon  the  particular  thing  so  selected,  and  any 
recommendations  which  may  be  made  by  any  department,  sub- 
department,  municipal  officers  not  embraced  in  a  department,  spe- 
cial commission  or  board  as  to  the  particular  thing  to  be  selected 
by  said  board,  shall  be  advisory  only,  and  not  binding  upon  said 
board ;  provided,  however,  that  nothing  in  this  Act  relative  to 
alternative  bidding  shall  apply  to  the  Annex  Improvement  Com- 
mission created  by  chapter  274  of  the  Acts  of  1904,  providing 
for  the  Annex  loan  subsequently  approved  by  the  people  of 
Baltimore  City.     Bids  when  filed  shall  be  irrevocable.     The 


59 

successful  bidder  shall  promptly  execute  a  formal  contract  to  be 
approved  as  to  its  form,  terms  and  conditions  by  the  City 
Solicitor,  and  he  shall  also  execute  and  deliver  to  the  Maj^or  a 
good  and  sufficient  bond  to  be  approved  by  the  Ma^^or  in  the 
amount  of  the  contract  price.  To  all  such  bids  there  shall  be 
attached  a  certified  check  of  the  bidder  upon  some  clearing 
house  bank,  and  the  bidder  who  has  had  the  contract  awarded 
to  him,  and  who  fails  to  promptly  and  properly  execute  the 
required  contract  and  bond  shall  forfeit  said  check.  The  said 
check  shall  be  taken  and  considered  as  liquidated  damages,  and 
not  a  penalty,  for  failure  of  said  bidder  to  execute  said  contract 
and  bond.  Upon  the  execution  of  said  contract  and  bond  by 
the  successful  bidder,  the  said  check  shall  be  returned  to  him. 
The  amount  of  said  check  shall  be  five  hundred  dollars,  unless 
otherwise  provided  by  ordinance,  or  an  order  or  regulation  of 
the  department  for  whose  use  the  bids  are  made  and  contract 
entered  into.  The  checks  of  the  unsuccessful  bidders  shall  be 
returned  to  them  after  opening  the  bids  and  awarding  the  con- 
tract to  the  successful  bidder. 

American  Lighting  Co.  v.  McCuen,  92  Md.  705.  Packard  v.  Hayes.  94 
Md.  233.  Smith  v.  Hayes,  98  Md.  485.  Callaway  v.  Baltimore,  99  Md. 
315.  Building  Supply  Co.  v.  Baltimore  City,  100  Md.  192.  Flack  v. 
Mayor,  etc.,  Baltimore,  104  Md.  130. 

When  the  lowest  bid  is  not  in  conformity  with  the  specifications  a9 
advertised,  the  contract  may  be  awarded  to  the  next  lowest  bidder. 
Maryland  Pavement  Co.  v.  Mahool,  130  Md.  397. 

In  the  absence  of  fraud  or  collusion,  decision  of  Board  of  Awards  on 
responsibility  of  "bidder  conclusive. 

Knight  v.  M.  &  C.  C,  Daily  Record,  July  1,  1913. 

The  bid  is  irrevocable  and  cannot  be  withdrawn  or  altered  after  filing. 
Baltimore  v.   Robinson,  123  Md.  660. 

The  certified  check  deposited  at  the  time  of  filing  a  bid  is  forfeited 
if  the  bidder  fails  to  execute  the  contract  and  furnish  the  requisite  bond. 
Baltimore  v.   Robinson,  123  Md.  660. 

P.  L.  L.,   (1888)  Art.  4,  sec.  7.     1914,  ch.  512. 

16.  The  inhabitants  of  the  City  of  Baltimore  qualified  to 
vote  for  members  of  the  House  of  Delegates  shall,  on  the 
Tuesday  next  after  the  first  Monday  in  May,  eighteen  hinidrod 
and  ninety-nine,  and  on  the  same  day  and  month  in  every  fourth 
year  thereafter,  elect  by  ballot  a  person  of  known  iutegrity, 
experience  and  sound  judgment,  over  twenty-five  years  of  age, 
a  citizen  of  the  United  States,  and  ten  years  a  resident  of  said 
City  next  preceding  the  election,  and  either  assesscvl  with 
property  in  said  city  to  the  amount  of  two  thousand  dollars, 
and  who  has  paid  tsixcs  thereon  for  two  years  preceding  his 
election,  or  who  has  hitherto  held  elective,  e.\ecutivo  or  legisla- 


60 

tive  office  under  the  Government  of  the  United  States  or  the 
State  of  Maryland,  or  the  City  of  Baltimore,  to  be  Mayor  of 
the  City  of  Baltimore ;  but  the  Mayor  chosen  at  the  first  election 
under  this  section  shall  not  enter  upon  the  discharge  of  the 
duties  of  the  office  until  the  expiration  of  the  term  of  which  the 
present  Mayor  was  elected,  unless  the  said  office  of  Mayor  shall 
become  vacant  by  death,  resignation,  removal  from  the  State  or 
other  disqualification  of  the  present  Mayor. 

17.  Prior  to  every  municipal  election,  as  provided  for  in 
this  Article,  there  shall  be,  on  the  first  and  second  Mondays  of 
April,  a  supplementary  registration  of  voters  of  Baltimore  City, 
which  registration  shall  be  under  the  supervision  of  the  Super- 
visors of  Election,  and  conducted  in  conformity  with  the  pro- 
visions of  the  law  then  in  force  relating  to  the  registration  of 
voters.  On  each  day  of  said  registration  the  registers  shall 
revise  the  list  of  registered  voters  made  at  their  last  regular 
sitting,  by  adding  the  names  of  those  persons  who  are  entitled 
to  registration  at  that  time,  and  striking  from  said  registration 
lists  the  names  of  those  persons  who  have  died  or  become  dis- 
qualified since  the  said  last  sitting^  and  the  registration  lists 
used  at  the  preceding  November  election,  after  being  revised  as 
herein  directed,  shall  be  used  at  the  municipal  election  in  May. 

18.  In  case  of  vacancy  in  the  office  of  Mayor  by  death,  resig- 
nation or  permanent  disqualification,  the  President  of  the 
Second  Branch  of  the  City  Council  shall  be  Mayor  for  the 
residue  of  the  term  for  which  the  said  Mayor  was  elected. 

19.  In  case  of  sickness  or  necessary  absence  of  the  Mayor, 
the  President  of  the  Second  Branch  of  the  City  Council  shall 
be  ex  ojficio  Mayor  of  the  City  during  the  continuance  of  said 
sickness  or  necessary  absence. 

20.  The  term  of  Mayor  shall  commence  on  the  Tuesday  next 
after  the  third  Monday  of  May  succeeding  his  election,  and 
continue  for  four  years,  and  until  his  successor  shall  be  elected 
and  qualified,  and  he  shall  receive  a  salary  of  six  thousand 
dollars  per  annum,  payable  monthly.  He  may  appoint  such 
persons  to  aid  him  in  the  discharge  of  his  duties  as  may  be 
prescribed  by  ordinance. 

1906,  ch.  420. 

20A.  Hereafter,  all  checks  of  the  Mayor  and  City  Council 
of  Baltimore  shall  be  signed  by  the  City  Register  and  counter- 


61 

signed  by  either  the  Mayor  or  the  City  Comptroller  and  all 
bonds  executed  in  favor  of  the  Mayor  and  City  Council  of  Balti- 
more shall  be  approved  either  by  the  Mayor  or  by  the  City  Comp- 
troller, and  all  contracts  relative  to  the  respective  departments  of 
the  City  Government,  sub-departments,  municipal  officers  not 
embraced  in  a  department,  special  commissions  or  boards,  sliall 
be  executed  on  behalf  of  the  Mayor  and  City  Council  of  Balti- 
more by  either  the  Mayor  or  the  respective  heads  of  said  depart- 
ments, sub-departments,  municipal  officers  not  embraced  in  a 
department,  special  commissions  or  boards,  or  the  chairman  or 
President  as  the  case  may  be,  of  said  special  commissions  or 
boards. 

P.  L.  L.,  (I860)  Art.  4,  sec.  8.    P.  L.  L.,  (1888)  Art.  4,  sec.  11. 

21.  The  Mayor,  by  virtue  of  his  office,  shall  have  all  the 
jurisdiction  and  power,  as  a  conservator  of  the  peace,  of  a 
Justice  of  the  Peace,  and  may  call  upon  any  officer  of  the  city 
entrusted  with  the  receipt  or  expenditure  of  public  money,  for 
a  statement  of  his  account  as  often  as  he  may  think  necessary, 
and  may  at  any  time  by  expert  accountants  and  bookkeepers, 
examine  the  books  and  accounts  of  any  department,  sub-depart- 
ment, municipal  board,  officer,  assistant,  clerk,  subordinate  or 
employe. 

Mayor,  &c.  v.  Dechert,  32  Md.  369. 

P.  L.  L.,  (1860)  Art.  4,  sec.  9.    P.  L.  L.,  (1888)  Art.  4,  sec.  12. 

22.  The  Mayor  shall  see  that  the  ordinances  and  resolutions 
are  duly  and  faithfully  executed,  and  shall  report  to  the  City 
Council  as  soon  as  practicable  after  the  first  day  of  January  in 
each  year,  the  general  state  of  the  city,  with  an  accurate  account 
of  the  money  received  and  expended,  to  be  published  for  the 
information  of  the  citizens.  He  shall  have  general  supervision 
over  all  departments,  sub-departments,  municipal  officers,  not 
embraced  in  a  department  and  special  commissioners  or  boards. 

Baltimore  v.  Radecke,  49  Md.  217.    Cumberland  v.  Wilson,  .W  Md.  138. 

P.  L.  L..  (1860)  Art.  4,  sees.  10,  11.    P.  L.  L.,  (1888)  Art.  4,  sees.  13,  14. 

23.  All  ordinances  or  resolutions  duly  passed  by  the  City 
Council,  after  being  properly  certified  by  the  Presidents  of  the 
First  and  Second  Branches  of  the  City  Council  as  having  been 
so  passed,  shall  be  delivered  by  the  Clerk  of  the  ]>rancli  in 
which  the  same  originated,  to  the  ]\layor  for  his  approval,  and 
there  shall  be  noted  on  said  ordinances  or  resolutions  the  dat(^  of 
said  delivery;  and,  when  approved  ])y  him,  they  sliall  become 


62 

ordinances  or  resolutions  of  the  Mayor  and  City  Council  of 
Baltimore.  If  the  Mayor  shall  not  approve  of  any  ordinance 
or  resolution  so  passed  by  the  City  Council  he  shall  return  the 
same  with  his  objections  in  writing  to  the  Branch  in  which  the 
said  ordinance  or  resolution  originated,  within  five  days  of 
actual  regular  sittings  of  said  Branch,  excluding  special  sittings 
called  by  the  Mayor,  occurring  after  such  delivery  of  said 
ordinance  or  resolution  to  him,  which  objections,  upon  receipt  of 
the  same  by  said  Branch,  shall  be  forthwith  read  to  such  Branch 
and  entered  at  large  on  its  Journal ;  and  such  Branch  shall,  after 
five  days  and  within  ten  days  after  such  ordinance  or  resolution 
shall  have  been  returned  to  it  by  the  Mayor,  proceed  to  recon- 
sider and  vote  upon  the  same.  If  such  ordinance  or  resolution 
shall,  after  reconsideration,  be  again  passed  by  three-fourths  of 
all  the  members  elected  to  said  Branch  it  shall  be  forthwith  sent, 
with  the  objections  of  the  Mayor,  to  the  other  Branch,  and  after 
five  days  and  within  ten  days,  after  it  is  so  sent,  it  shall  likewise 
be  reconsidered  and  voted  upon  also  by  said  other  Branch,  and 
if  passed  by  a  vote  of  three-fourths  of  all  the  members  elected 
to  said  other  Branch  it  shall  be  and  become,  to  all  intents  and 
purposes,  an  ordinance  or  resolution  of  the  Mayor  and  City 
Council  of  Baltimore.  In  such  cases,  after  said  reconsideration, 
the  votes  on  the  question  of  the  passage  of  such  ordinance  or 
resolution  over  the  veto  of  the  Mayor  shall  be  determined  by 
yeas  and  nays,  and  the  names  of  the  persons  voting  for  and 
against  the  passage  of  said  ordinance  or  resolution  over  the  veto 
of  the  Mayor  shall  be  entered  on  the  respective  Journals  of  each 
Branch  of  the  City  Council.  If  any  ordinance  or  resolution 
duly  passed  by  the  City  Council  shall  not  be  returned  by  the 
Mayor  to  the  Branch  of  the  City  Council  in  which  the  same 
originated  within  five  days  of  its  actual  regular  sittings,  exclud- 
ing special  sittings  called  by  the  Mayor,  after  it  shall  have 
been  delivered  to  him,  the  same  shall  become  an  ordinance  or 
resolution  of  the  Mayor  and  City  Council  of  Baltimore  in  the 
same  manner  as  if  the  Mayor  had  approved  it,  unless  the  City 
Council  by  an  adjournment  sine  die,  or  for  a  period  exceeding 
one  month,  shall  prevent  its  return.  In  case  an  ordinance  or 
resolution  duly  passed  by  the  City  Council  shall  embrace 
different  items  of  appropriation  the  Mayor  may  approve  the 
provisions  thereof  relating  to  one  or  more  items  of  appropriation 
and  disapprove  the  others,  and  in  such  case  those  he  shall 
approve  shall  become  effective  and  those  which  he  shall  not 
approve  shall  be  reconsidered  in  manner  and  form  as  herein- 
before prescribed  in  this  section,  by  both  Branches  of  the  City 


63 

Council,  and  shall  become  effective  if  again  passed  over  the 
veto  of  the  Mayor  by  the  vote  as  above  prescribed  for  the  passage 
over  the  veto  of  the  Mayor  of  entire  ordinances  or  resolutions. 
The  mode  and  manner  of  procedure  of  both  Branches  of  the  City 
Council  and  of  the  JMayor  in  the  matter  of  the  veto  of  one  or  more 
distinct  items  of  appropriation  in  any  ordinance  or  resolution 
shall  be  the  same  as  the  mode  and  manner  of  procedure  pre- 
scribed in  this  section  for  the  passage  of  an  entire  ordinance  or 
resolution  over  the  veto  of  the  Mayor. 

Baltimore  City  v.  Gorter,  93  Md.  1.  See  note  to  Hooper  v.  Creager,  84 
Md.  197.  Heiskell  v.  Mayor,  65  Md.  149.  Also,  Murdocli  v.  Strange,  99 
Md.  89. 

24.  The  Mayor  shall  summon  all  the  heads  of  departments 
to  a  conference  on  municipal  matters  at  least  once  in  each  fiscal 
year,  and  oftener,  if  he  thinks  the  public  interests  will  be 
promoted  thereby,  and  every  head  of  department  shall  report  to 
him,  orally  or  in  writing,  as  he  may  prefer,  once  in  every  month. 

P.  L.  L.,  (1860)  Art.  4,  sec.  26.    1880,  ch.  101.    P.  L.  L.,   (1888)  Art.  4, 

sec.  31. 

25.  The  Mayor  shall  have  the  sole  power  of  appointment 
of  all  heads  of  departments,  heads  of  sub-departments,  municipal 
ofiicers  not  embraced  in  a  department  and  all  special  commis- 
sioners or  boards,  except  as  otherwise  provided  in  this  Article, 
subject  to  confirmation  by  a  majority  vote  of  all  the  members 
elected  to  the  Second  Branch  of  the  City  Council ;  provided  said 
Second  Branch  shall  take  action  on  such  nomination  within 
the  first  three  regular  succeeding  sittings  of  said  Brnnch  after 
said  nominations  are  sent  to  it  by  the  Mayor.  If  the  Branch 
fails  to  take  such  action  within  said  time,  then  the  person  or 
persons  so  nominated  shall  be  to  all  intents  and  purposes  such 
officer  or  officers  as  if  they  had  been  confirmed  by  said  Second 
Branch.  If  said  Second  Branch  shall,  by  the  required  vote  and 
in  the  prescribed  time,  refuse  to  confirm  such  nominations^  the 
Mayor  shall,  within  the  next  three  regular  succeeding  sittings 
of  said  Branch,  send  to  it  other  name  or  names  for  such  office  or 
offices,  and  the  duties  of  said  Second  Branch  and  the  Mayor 
shall  continue  to  be  as  above  prescribed  until  a  confirmation  is 
liad  or  a  failure  to  act  for  three  regnlar  succeeding  sittings  by 
the  said  Second  Branch  occnrs.  "^rhe  flavor  shall  have  the 
power  to  remove  at  pleasure,  dnring  the  first  six  monlJis  of  their 
respective  terms,  the  heads  of  nil  departments  or  members 
thereof,  heads  of  sub-departments  or  members  thereof,  municipal 
officers  not  embraced  in  a  department  and  special  commissions 


64 

or  boards,  or  members  thereof,  appointed  by  him,  but  after  six 
months  the  Mayor  shall  only  remove  said  officials  for  cause,  after 
charges  preferred  against  them,  notice  given  and  trial  had  before 
the  Mayor.  The  terms  of  all  municipal  officials  appointed  by 
the  Mayor  shall  be  four  years,  unless  otherwise  provided  for  in 
this  Article.  All  municipal  officials  who  are  appointed  by  the 
Mayor  shall  be  appointed  in  the  month  of  September  succeeding 
his  election,  and  enter  into  their  respective  offices  on  the  first 
Monday  in  October,  immediately  following  their  respective 
appointments,  or  as  soon  thereafter  as  their  appointments  have 
been  confirmed,  as  above  provided,  if  appointed  or  confirmed 
subsequent  thereto ;  but  the  Mayor  first  chosen  under  this 
Article  shall  appoint  said  officials  in  the  month  of  February 
succeeding  his  election,  subject  to  confirmation  by  the  Second 
Branch  of  the  City  Council,  and  they  shall  enter  upon  their 
duties  on  the  succeeding  first  of  March,  and  shall  hold  office  until 
their  successors  under  the  provisions  of  this  Article,  are  ap- 
pointed and  qualified  unless  sooner  removed  under  the  provisions 
of  this  Article.  All  municipal  officials,  boards  and  commis- 
sioners in  office  under  the  Mayor  and  City  Council  of  Baltimore, 
upon  the  date  of  the  passage  of  this  Article,  unless  otherwise  pro- 
vided in  this  Article,  shall  hold  their  respective  offices  under 
existing  laws  and  ordinances,  the  same  as  if  this  Article  had  not 
been  passed,  until  their  successors  are  appointed,  as  provided 
in  this  section,  in  February  nineteen  hundred;  they  shall  be 
subject  to  removal,  as  provided  in  said  laws  and  ordinances,  and 
all  vacancies  occurring  in  said  offices  shall  be  filled  as  now 
provided  for  in  said  existing  laws  and  ordinances ;  said  munici- 
pal officials,  boards  and  commissioners  shall  perform  the  duties 
respectively  now  prescribed  by  existing  laws  and  ordinances 
which  are  not  inconsistent  with  the  provisions  of  this  Article,  and 
they  shall  also  perform  such  additional  duties  as  may  be 
required  to  be  performed  by  such  officers  in  this  Article.  The 
Mayor  first  elected  under  the  provisions  of  this  Article,  shall 
organize  the  municipal  government  of  Baltimore  City,  as 
provided  for  in  said  Article,  and  appoint  the  heads  of  depart- 
ments, sub-departments,  municipal  officers,  boards  and  commis- 
sions provided  for  therein,  in  the  month  of  February,  nineteen 
hundred.  All  persons  appointed  by  the  Mayor,  as  well  as  those 
municipal  officials  elected  by  the  people  or  by  the  joint  conven- 
tion of  the  City  Council,  shall,  before  entering  upon  the  dis- 
charge of  their  respective  duties,  qualify  by  taking  before  the 
Mayor  an  oath  to  faithfully  perform  the  duties  of  their  re- 
spective offices,  and  that  they  will  support  the  Laws  and  Consti- 
tutions of  the  United  States  and  of  the  State  of  Maryland.     A 


65 

test  book  shall  be  kept  by  the  Mayor,  which  shall  be  signed  at 
the  time  of  taking  the  oath  aforesaid  by  said  officials,  and  after 
the  qualifications  aforesaid,  the  Mayor  shall  issue  to  the  said 
officials  a  commission  signed  by  himself  with  the  corporate  seal 
attached.  All  vacancies  occurring  in  any  of  the  offices  which 
the  Mayor  is  empowered  to  fill,  during  the  recess  of  the  Second 
Branch,  unless  otherwise  provided  in  this  Article,  shall  be  filled 
by  the  Mayor  until  the  next  reg-ular  meeting  of  the  Second 
Branch,  at  which  meeting  the  Mayor  shall  present  the  name  of  a 
person  for  confirmation  to  fill  said  vacancy,  and  the  mode  and 
manner  of  procedure  in  such  a  case  shall  be  the  same  as  provided 
for  in  this  section  for  other  appointments  by  the  Mayor  and 
confirmation  by  the  Second  Branch. 

On  construction  of  section  25,  see  Robinson  v.  Baltimore  City,  93  Md. 
212.  McClellan  v.  Marine,  98  Md.  54.  Baltimore  City  v.  Lyman,  92  Md. 
591. 

As  to  oath  of  office  and  its  legal  significance,  see  Thomas  v  Owens, 
4  Md.  189.  Harwood  v.  Marshall,  9  Md.  83.  Jump  v.  Spence,  28  Md.  1. 
Archer  v.  State,  74  Md.  447;  Creager  v.  Hooper,  83  Md.  501.  Davidson 
V.  Brice,  91  Md.  691. 

As  to  term  of  and  title  to  office,  see  Thomas  v.  Owens,  4  Md.  189,  15 
Md.  465.  Jump  v.  Spence,  28  Md.  1.  Robb  v.  Carter,  65  Md.  334.  Archer 
V.  State,  74  Md.  453.  County  Commissioners  v.  School  Commrs.,  77  Md. 
283.  Miles  v.  Stevenson,  80  Md.  366.  Creager  v.  Hooper,  83  Md.  490. 
Ash  V.  McVey,  85  Md.  130.  Wells  v.  Monroe,  86  Md.  445.  Duer  v.  Daniell, 
91  Md.  660.  Keyser  v.  Upshur,  92  Md.  778.  Hagerstown  v.  Williams, 
96  Md.  237. 

As  to  power  of  appointment  and  removal,  see  Townsend  v.  Kurtz,  83 
Md.  340.  Hooper  v.  Creager,  84  Md.  241.  Hooper  v.  New,  85  Md.  565. 
Hooper  v.  Farnen,  85  Md.  587.  Field  v.  Malster,  88  Md.  691.  School 
Commrs.  v.  Goldsborough,  90  Md.  193.  Street  Commrs.  v.  Williams,  96 
Md.  237. 

1880,  ch.  101.    P.  L.  L.,  (1888)  Art.  4,  see.  31. 

26.  ISTo  person  shall  at  any  time  hold  more  than  one  office 
yielding  pecuniary  compensation  under  the  Mayor  and  City 
Council  of  Baltimore.  All  municipal  officials,  except  females, 
shall  be  registered  voters  of  the  City  of  Baltimore. 

Baltimore  City  v.  Lyman,  92  Md.  591. 

27.  All  heads  of  departments,  heads  of  sub-departments, 
municipal  officers  not  embraced  in  a  department,  or  special 
commissions  or  boards,  provided  for  in  this  Article,  slinll  bold 
their  offices  until  their  successors  are  appointed  or  elected  and 
qualified. 

28.  The  heads  of  departments,  heads  of  sub-dopartnients, 
municipal  officers  not  embraced  in  a  department,  and  all  special 

(4) 


66 

commissions  or  boards  shall  have  the  sole  power  of  appointment 
and  removal  at  pleasure  of  all  deputies,  assistants,  clerks  and 
subordinate  employees  employed  by  them,  unless  otherwise  pro- 
vided in  this  Article. 

Baltimore  City  v.  Lyman,  92  Md.  611.  American  Lighting  Co.  v. 
McCuen,  92  Md.  705.  As  to  appointment  of  subordinates  prior  to  new 
etiarter,  see  Hooper  v.  New,  85  Md.  565. 

29.  All  heads  of  departments,  shall  have  the  privilege  of  the 
floor  in  the  First  Branch  of  the  City  Council  at  its  sittings,  and 
shall  be  entitled  to  participate  in  the  discussion  of  matters  relat- 
ing to  their  respective  departments,  but  shall  have  no  vote. 
When  the  head  of  a  department  is  a  Board,  or  composed  of  more 
than  one  person,  the  President  thereof  shall  be  entitled  to  the 
privilege  provided  for  in  this  section. 

30.  The  Mayor,  in  appointing  all  heads  of  departments,  sub- 
departments,  boards  and  commissions  or  members  of  any  such, 
composed  of  more  than  one  person,  shall  appoint  a  minority  of 
the  members  of  each  of  such  bodies  of  persons  from  a  different 
political  party  from  those  forming  the  majority  of  said  depart- 
ments, sub-departments,  boards  and  commissions  or  members  of 
any  such,  and  in  ascertaining  the  political  party  from  which 
such  minority  representatives  shall  be  taken,  he  shall  select  from 
that  party  which  cast  the  next  highest  vote  at  the  preceding 
election. 

EXECUTIVE  DEPAETMENT. 

31.  The  executive  power  of  the  Mayor  and  City  Council  of 
Baltimore  shall  be  vested  in  the  Mayor,  the  departments,  sub- 
departments,  municipal  officers  not  embraced  in  a  department 
herein  provided  for,  and  such  special  commissioners  or  boards 
as  may  hereafter  be  provided  for  by  laws,  or  ordinances  not 
inconsistent  with  this  Article.  All  municipal  officials,  unless 
otherwise  provided  for  by  laws  or  ordinances,  shall  give  bond  to 
the  city  for  the  faithful  discharge  of  their  duties,  to  be  approved 
by  the  Mayor,  and  in  such  penalties  as  may  be  prescribed  by  laws 
or  ordinances.  The  Mayor  shall  be  the  chief  executive  officer  of 
the  city,  and  in  addition  to  the  following  administrative  depart- 
ments, sub-departments,  and  municipal  officers  not  embraced  in 
a  department,  there  shall  be  such  assistants,  clerks  and  employees 
to  said  departments,  sub-departments  and  municipal  officers  as 
may  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article  not  herein  otherwise  provided  for.    The  several  heads  of 


67 

« 

departments,  heads  of  sub-departments,  municipal  officers  not 
embraced  in  a  department,  and  special  commissions  or  boards, 
shall  have  the  power  to  pass  such  rules  and  regulations,  not 
inconsistent  with  the  laws  or  ordinances,  for  the  government  of 
their  respective  departments  as  they  may  deem  right  and  proper. 
All  heads  of  departments  composed  of  Boards  shall  hold  at  least 
one  meeting  every  month  for  the  purpose  of  consultation  and 
advice,  and  in  order  to  become  familiar  with  the  business  and 
the  mode  of  conducting  the  same,  of  the  sub-departments  of 
their  respective  departments,  A  record  of  all  the  proceedings 
and  official  acts  of  heads  of  departments  and  sub-departments, 
municipal  officials  and  commissioners  shall  be  kept  in  a  well- 
bound  book,  and  a  certified  copy  of  said  record  or  any  part 
thereof  under  the  corporate  seal  of  the  city  shall  be  admissible  in 
evidence  in  any  Court  of  this  State  as  proof  of  such  record  or 
part  thereof. 

The  said  executive  departments  shall  be  as  follows : 

(I)  Department  of  Finance, 
With  the  following  sub-departments: 

1.  Comptroller. 

2.  City  Register. 

3.  Board  of  Estimates. 

4.  Commissioners  of  Finance. 

5.  City  Collector. 

6.  Collector  of  Water  Rents  and  Licenses. 

(II)  Department  of  Law. 
Composed  of 

City  Solicitor. 

(III)  Department  of  Public  Safety, 
With  the  following  sub-departments: 

1.  Board  of  Fire  Commissioners. 

2.  Commissioner  of  Health. 

3.  Inspector  of  Buildings. 

4.  Commissioner  of  Street  Cleaning. 

(IV)  Department  of  Public  Improvements, 
With  the  following  sub-departments: 

1.  City  Engineer. 

2.  Water  Board. 

3.  Harbor  Board. 

4.  Inspector  of  Buildings. 

(V)  Department  of  Parks  and  Squares. 
Composed  of 

Board  of  Park  Commissioners. 


68 

» 

(VI)  Department  of  Education. 
Composed  of 

Board  of  School  Commissioners. 

(VII)  Department  of  Charities  and  Corrections, 
With  the  following  sub-departments : 

1.  Supervisors  of  City  Charities. 

2.  Visitors  to  the  Jail. 

(VIII)  Department  of  Review  and  Assessment, 
With  the  following  sub-departments : 

1.  Appeal  Tax  Court. 

2.  Commissioners  for   Opening  Streets. 

(IX)  Division  Embracing  Municipal  Officers,  not  Included 
in  any  Department : 

1.  City  Librarian. 

2.  Art  Commission. 

3.  Superintendent  of  Lamps  and  Lighting. 

4.  Surveyor. 

5.  Constables. 

6.  Superintendent  of  Public  Buildings. 

7.  Public  Printer. 

Baltimore  City  v.  Lyman,  92  Md.  600. 

As  to  bonds  of  municipal  officials,  see  Hecht  v.  Coale,  93  Md.  692. 
Vansant  v.  State,  96  Md.  110.   Murdoch  v.  Strange,  99  Md.  89. 

As  to  breach,  penalty  and  damages  recoverable  generally  in  relation 
to  bonds,  see  Mutual  Life  Insurance  Company  v.  Hantske,  Daily  Record, 
December  15,  1900. 

DEPAETMENT  OF  FIE'ANCE. 

32.  There  shall  be  a  Department  of  Finance  of  the  Mayor 
and  City  Council  of  Baltimore  which  shall  consist  of  the 
Comptroller,  City  Eegister,  Board  of  Estimates,  Commissioners 
of  Finance,  City  Collector  and  Collector  of  Water  Eents  and 
Licenses.  The  head  of  said  Department  shall  consist  of  a 
Board  of  Finance  composed  of  the  Comptroller,  City  Eegister, 
President  of  the  Board  of  Estimates,  President  ol  the  Com- 
missioners of  Finance,  City  Collector  and  Collector  of  Water 
Eents  and  Licenses.  This  Board  shall  be  for  consultation  and 
advice,  and  it  shall  have  no  power  to  direct  or  control  the  duties 
or  the  work  of  any  sub-department.  It  shall  perform  such 
other  duties  as  may  be  prescribed  by  ordinances  not  incon- 
sistent with  this  Article.  The  Comptroller  shall  be  the  Presi- 
dent of  said  Board.  The  fiscal  year  of  the  Mayor  and  City 
Council  of  Baltimore  shall  begin  on  the  first  day  of  January 
and  end  on  the  thirty-first  day  of  December  in  every  year. 


69 

1906,  ch.  459. 

33.  The  Comptroller  shall  be  elected  bj  the  inhabitants  of 
the  City  of  Baltimore  qualified  to  vote  for  Mayor  on  the  'J'ues- 
day  next  after  the  first  Monday  in  May,  in  the  year  eighteen 
hundred  and  ninety-nine,  and  on  the  same  day  and  month  in 
every  fourth  year  thereafter.  He  shall  be  a  person  possessing 
the  same  qualifications  as  herein  prescribed  for  Mayor.  The 
term  of  the  Comptroller  shall  commence  on  the  Tuesday  next 
after  the  third  Monday  in  May  in  the  year  eighteen  hundred 
and  ninety-nine,  and  continue  for  four  years,  and  until  his 
successor  is  elected  and  qualified,  and  he  shall  receive  a  salary  of 
four  thousand  dollars  per  annum,  payable  monthly. 

Baltimore  City  v.  Lyman,  92  Md.  610. 

34.  The  Comptroller  shall  be  the  head  of  the  first  sub-de- 
partment of  Finance,  and  he  shall  appoint  a  Deputy  Comp- 
troller and  such  clerks  as  may  be  provided  for  by  ordinance, 
including  one  to  be  known  as  the  Audit  Clerk,  and  another  for 
the  collection  of  harbor  and  wharf  rents,  to  be  known  as  Har- 
bor Master,  with  such  assistants  to  him  as  may  be  provided  for 
by  ordinance,  and  another  for  the  collection  of  fees  for  the  in^ 
spection  of  weights  and  measures,  to  be  known  as  the  Inspector 
of  Weights  and  Measures,  with  such  assistants  to  him  as  may 
be  provided  for  by  ordinance,  and  another  to  be  known  as  ]\Iar- 
ket  Master,  with  such  assistants  to  him  as  may  be  provided  by 
ordinance.  The  salary  of  such  Deputy,  assistants  and  clerks 
shall  be  fixed  by  ordinances.  All  of  such  appointees  shall  be 
subject  to  the  written  approval  of  the  Mayor.  The  Comptroller 
shall  have  general  supervision  over  the  financial  matters  of  the 
city,  and  shall  have  oversight  of  all  sub-departments  in  this 
department.  No  claim,  account  or  demand  against  the  city  of 
any  kind  whatsoever  shall  be  paid  unless  first  audited  and  ap- 
proved by  the  Comptroller.  All  moneys  collected  for  the  use 
of  the  city  by  any  municipal  official,  unless  otherwise  provided 
in  this  Article,  shall  be  turned  over  to  the  Comptroller  and  by 
him  deposited  with  the  City  Register.  He  shall  perform  such 
other  duties  as  may  be  prescribed  by  ordinances,  not  incon- 
sistent with  this  Article.  In  case  of  temporary  absence  or  dis- 
qualification of  the  Comptroller,  or  a  vacancy  occurring  in  said 
office  from  any  cause,  tlic  Deputy  Comy)lr«)llor  shall,  during 
such  absence  or  disqualification  or  vacancy  from  any  cansc,  a(^t 
as  Comptroller.  The  Second  Branch  of  the  City  Council  by 
a  majority  vote  of  all  the  members  elected  to  said  Brancli,  may 
remove  the  Comptroller  from  office  for  incompetency,  wilful 


70 

ueglect  of  duty  or  misdemeanor  in  office,  upon  charges  pre- 
ferred by  the  Mayor,  and  after  notice  of  such  charges  is  given 
to  the  Comptroller  and  an  opportunity  aiforded  him  to  be  heard 
by  said  Branch. 

1908,  ch.  131. 

35.  The  City  Kegister  shall  be  the  head  of  the  second  sub- 
department  of  hnance,  and  he  shall  be  the  register  of  the  public 
debt  and  also  the  custodian  of  all  moneys  belonging  to  the 
Mayor  and  City  Council  of  Baltimore.  He  shall  be  appointed 
by  a  joint  convention  of  the  two  Branches  of  the  City  Council 
on  the  Tuesday  next  after  the  fourth  Monday  of  May  in  the 
year  eighteen  hundred  and  ninety-nine,  and  on  the  same  day 
and  month  in  every  fourth  year  thereafter.  His  salary  shall 
be  three  thousand  and  three  hundred  dollars  per  annum,  paya- 
ble monthly,  in  addition  to  three  hundred  dollars  for  services 
rendered  the  State,  as  provided  for  in  section  108  of  Article  81, 
Code  of  Public  General  Laws.  The  Second  Branch  of  the  City 
Council,  by  a  majority  vote  of  all  the  members  elected  to  said 
Branch,  may  remove  the  City  Register  from  office  for  in- 
competency, wilful  neglect  of  duty  or  misdemeanor  in  office, 
upon  charges  preferred  by  the  Mayor,  and  after  notice  of  such 
charges  is  given  to  the  City  Register,  and  an  opportunity 
aiforded  him  to  be  heard  by  said  Branch.  The  City  Register 
shall  take  under  his  charge  and  keeping  the  corporate  seal  of 
the  city,  and  use  it  in  all  cases  which  are  now  or  may  be  here- 
after required  by  Federal  or  State  laws,  ordinances,  or  the 
uses  and  customs  of  nations,  and  shall  charge  a  fee  of  two 
dollars  for  each  impression  of  the  seal,  except  such  as  shall  be 
affixed  to  or  impressed  upon  documents  for  the  Mayor  and  City 
Council,  or  used  in  connection  with  the  affairs  of  the  city.  He 
shall  pay  to  the  Comptroller,  for  the  use  of  the  Mayor  and 
City  Council  of  Baltimore,  all  fees  so  received  by  him.  He 
shall  have  power  to  appoint  a  deputy  register,  with  a  salary 
of  two  thousand  dollars  per  annum,  payable  monthly,  and  such 
other  clerical  assistants  as  may  be  prescribed  by  ordinance  not 
inconsistent  with  this  Article.  In  case  of  a  vacancy  occurring 
in  the  office  of  City  Register  by  removal  or  otherwise,  the  joint 
convention  of  the  two  Branches  of  the  City  Council  shall  forth- 
with fill  said  vacancy.  He  shall  perform  such  other  duties  as 
may  be  prescribed  by  ordinance  not  inconsistent  with  this 
Article;  provided,  the  present  incumbent  of  the  office  of  the 
City  Register  shall  hold  his  office  until  the  expiration  of  his 
term,  as  now  provided  under  existing  laws  and  ordinances,  and 


71 

should  a  vacancy  occur  in  said  office  a  successor  shall  be  ap- 
pointed by  a  joint  convention  of  the  City  Council  for  the  balance 
of  said  term. 

State  V.  Mayor,  &c.,  52  Md.  398.    Robb  v.  Carter,  65  Md.  321.    Baltimore 
City  V.  Lyman,  92  Md.  610. 

1910,  ch.  512. 

35a.  That  the  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  directed  to  pay  all  monthly  salaries  to  all  officials 
or  employees  whose  salaries  are  paid  by  or  through  the  Mayor 
and  City  Council  of  Baltimore,  one-half  on  the  first  and  one- 
half  on  the  fifteenth  day  of  each  month,  unless  otherwise  pro- 
vided by  ordinance. 

BOAKD  OF  ESTIMATES. 

OIlDi:^ANCE  OF  ESTIMATES. 

1904,  ch.  677. 

36.  The  Board  of  Estimates  shall  be  the  head  of  the  third 
Sub-Department  of  Finance,  and  shall  consist  of  the  Mayor, 
City  Solicitor,  Comptroller,  President  of  the  Second  Branch 
City  Council  and  President  of  the  Board  of  Public  Improve- 
ments. The  first  meeting  of  said  Board  in  every  year  shall  be 
called  by  notice  from  the  Mayor  or  President  of  the  Second 
Branch  City  Council  personally  served  upon  members  of  the 
said  Board.  Subsequent  meetings  shall  be  called  as  the  said 
Board  may  direct.  The  President  of  the  Second  Branch  sliall 
be  President  of  said  Board,  and  one  of  the  number  shall  act  as 
secretary,  and  said  Board  may  employ  such  clerks  as  may  be 
necessary  to  discharge  its  duties;  their  number  and  compensa- 
tion shall  be  fixed  by  ordinance.  The  said  Board  shall  have 
power  at  any  time  to  summon  before  it  the  heads  of  the  depart- 
ments and  sub-departments  and  all  municipal  officers  niid  spe- 
cial commissions  or  boards.  The  said  Board  shall  annually, 
between  the  first  day  of  October  and  the  first  day  of  November, 
meet,  and  by  an  affirmative  vote  of  a  majority  of  all  the  mem- 
bers make  out  the  following  three  lists  of  moneys  to  be  appro- 
priated by  the  City  Council  for  the  next  ensuing  fiscal  vonr: 

FIRST,  a  list 'to  be  known  as  the  "DEPAKTM  KNTAL 
ESTIMATES"  of  the  amounts  estimated  to  be  required  to  p:iy 
the  expenses  of  conducting  the  public  business  for  the  next 
ensuing  fiscal  year,  including  the  expenditures  for  the  City 
Council  for  the  salaries  of  its  members,  officers,  mikI  expenses; 


72 

said  list  shall  be  prepared  in  such  detail  as  to  the  aggregate 
sum  and  the  items  thereof  allowed  to  the  two  Branches  of  the 
City  Council,  each  department,  sub-department,  municipal  offi- 
cers not  embraced  in  a  department  and  special  commissioners 
and  boards  as  the  said  Board  shall  deem  advisable.  In  order 
to  enable  said  Board  to  make  such  list,  the  Presidents  of  the 
two  Branches  of  the  City  Council,  the  heads  of  the  departm.ents, 
heads  of  sub-departments,  municipal  officers  not  embraced  in 
a  department,  and  special  commissioners  or  boards  shall,  at 
least  thirty  days  before  the  said  list  is  hereby  required  to  be 
made,  send  to  the  said  Board  in  writing,  estimates  of  the 
amounts  needed  for  the  conduct,  respectively,  of  the  City  Coun- 
cil, departments,  sub-departments,  municipal  officers  not  em- 
braced in  a  department,  commissioners  or  boards  for  the  next 
ensuing  fiscal  year.  Such  estimates  shall  be  verified  by  the 
oath  or  affirmation  of  persons  making  them,  and  a  wilfully  false 
statement  made  in  a  material  matter  contained  in  said  esti- 
mates so  made  to  said  Board  shall  be  perjury.  The  said  esti- 
mates shall  specify,  in  detail,  the  objects  thereof,  and  tlie  items 
required  for  the  expenses  of  the  City  Council  and  the  respec- 
tive departments,  sub-departments,  municipal  officers  not  em- 
braced in  a  department  and  special  commissioners  or  boards,  as 
aforesaid,  including  a  statement  of  each  of  the  salaries  of  the 
members  of  the  City  Council  and  its  officers  and  clerks,  and  the 
salaries  of  the  deputies,  assistants,  clerks,  employees  and  sub- 
ordinates in  each  department,  sub-department,  municipal  office 
or  special  commission  or  board. 

SECOND,  a  list  containing  all  amounts  to  be  appropriated 
by  the  City  Council  for  NEW  IMPROVEMENTS  to  be  con- 
structed by  any  department  of  the  city  during  the  next  ensuing 
fiscal  year;  said  list  to  be  known  as  the  "ESTIMATES  FOR 
NEW  IMPROVEMENTS."  Heads  of  departments,  heads  of 
sub-departments,  municipal  officers  not  embraced  in  a  depart- 
ment, and  special  commissioners  or  boards  shall  in  writing, 
thirty  days  before  the  time  required  to  make  such  list  by  said 
Board,  file  with  said  Board  their  recommendations  as  to  the 
amounts  which  they  may  consider  will  be  needed  in  their  re- 
spective departments  for  new  improvements  during  the  next 
ensuing  fiscal  year. 

THIRD,  a  list  containing  all  amounts  which  by  previous 
laws,  ordinances  or  contracts  are  required  to  be  ANNUALLY 
APPROPRIATED  to  charities,  educational,  benevolent  or 
reformatory  institutions  by  the  city,  as  well  as  all  other  sums, 
if  any,  which  may  be  required  by  laws  or  ordinances  to  be 


io 


appropriated  for  other  purposes  not  embraced  in  the  preceding 
lists.  This  list  shall  be  known  as  the  ''ESTIMATES  FOK 
AXNUAL  APPEOPRIATIOXS."  The  purpose  and  object 
of  this  provision  is  that  said  three  lists  shall  embrace  all 
moneys  to  be  expended  for  the  next  ensuing  fiscal  year  for  all 
purposes  by  the  city.  After  said  three  lists  have  been  prepared, 
the  Board  of  Estimates,  shall  cause  to  be  prepared  a  draft  of  an 
ordinance  to  be  submitted  to  the  City  Council  providing  appro- 
priations sufficient  to  meet  the  amounts  called  for  by  said  three 
lists,  and  the  said  Board  shall  cause  a  copy  of  said  proposed 
ordinance,  certified  by  the  signatures  of  a  majority  of  them,  to 
be  forthwith  published  in  two  daily  newspapers  in  Baltimore 
City,  for  two  successive  days,  and  shall,  immediately  after  said 
publication,  transmit  a  copy  of  the  draft  of  the  said  proposed 
ordinance  to  the  President  of  each  Branch  of  the  City  Council, 
whereupon  a  special  meeting  of  the  City  Council  shall  be  forth- 
with called  by  the  ^layor  to  consider  such  proposed  ordinance. 
It  shall  be  the  duty  of  the  two  Branches  of  the  City  Council, 
when  so  assembled,  to  consider  and  investigate  the  estimates 
contained  in  said  proposed  ordinance,  and  to  hold  daily  ses- 
sions for  its  consideration  until  said  ordinance  is  passed.  The 
two  Branches  of  the  City  Council,  by  a  majority  vote  of  all  the 
members  elected  to  each  Branch,  may  reduce  the  said  amounts 
fixed  by  the  said  Board  in  said  proposed  ordinance,  except  such 
items  thereof  as  are  now  or  may  hereafter  be  fixed  by  law, 
and  except  such  items  as  may  be  inserted  by  said  Board  to  pay 
State  taxes,  and  to  pay  the  interest  and  principal  of  the  nnuiici- 
pal  debt.  The  City  Council  shall  not  have  the  power  to  increase 
the  amounts  fixed  by  the  Board  nor  insert  new  items  in  the 
proposed  ordinance.  When  said  proposed  ordinance,  embracing 
said  estimates,  shall  have  been  duly  passed  by  both  Branches  of 
the  City  Council  and  approved  by  the  Mayor,  it  shall  be  known 

as  the  "Ordinance  of  Estimates  for  the  year ,"  and 

said  several  sums  shall  be  and  become  appropriated,  after  the 
beginning  of  the  next  ensuing  fiscal  year,  for  the  several  pur- 
poses therein  named,  to  be  used  by  the  City  Council,  depart- 
ments, sub-departments,  municipal  officers  not  emliraced  in  a 
department,  and  special  commissions  or  boards  therein  named, 
and  for  no  other  purposes  or  uses  whatever.  The  City  Council 
sliiill  not  have  the  power,  by  any  other  or  subsc(|n(Mit  iii'iliii;iiic<' 
or  resolution,  to  enlarge  :iii\'  item  contained  in  snid  onlliKHicc 
after  the  same  is  dnly  passed,  noi-  shall  thv  City  Conncil,  hy  any 
subse(|uent  ordinanfo  or  othei-wise,  aj)pr()j)riat('  any  sums  ot 
money  to  be  used  I'oi-  the  next  ensning  fiscal  year,  for  any  of 
the  j)nrposes  embraced   in  said   Ordinance  of   Kstiniates.      Xo 


74 

appropriation  provided  for  in  said  ordinance  shall  be  diverted 
or  used  nnder  any  circumstances  for  any  purpose  than  that 
named  in  said  ordinance,  nor  shall  the  Comptroller  draw  any 
warrant  for  any  of  the  items  in  said  Ordinance  of  Estimates 
unless  he  has  received  said  amounts  and  they  are  actually  to  the 
credit  of  the  City  Council  and  such  department,  sub-depart- 
ment, officers,  commissioners  or  boards.  ISTo  temporary  loan 
shall  be  authorized  or  made  to  pay  any  deficiency  arising  from 
a  failure  to  realize  sufficient  income  from  revenue  and  taxation 
to  meet  the  amounts  provided  in  said  Ordinance  of  Estimates 
but  the  City  Council  may  temporarily  borrow  money  for  its 
use  in  anticipation  of  the  receipts  of  taxes  levied  for  any  year. 
In  case  of  any  such  deficiency  there  shall  be  a  pro  rata  abate- 
ment of  all  appropriations,  except  those  for  the  payment  of 
State  taxes  and  the  principal  and  interest  of  the  city  debt, 
and  such  amounts  as  are  fixed  by  law  and  contained  in  said 
ordinance ;  and  in  case  of  any  surplus  arising  in  any  fiscal  year 
by  reason  of  an  excess  of  income  received  from  the  estimated 
revenue  over  the  expenditures  for  such  year,  the  said  surplus 
shall  become  a  part  of  the  annual  revenue  of  the  city,  and  shall 
be  available  for  the  general  expenditures  of  the  city  for  the 
next  ensuing  fiscal  year.  Until  the  organization  of  the  said 
Board  of  Estimates  by  the  Mayor  first  elected  under  the  pro- 
visions of  this  Article,  as  provided  in  section  25  of  said  Article, 
the  Mayor,  Comptroller,  City  Register  and  City  Solicitor  shall 
compose  a  Board  to  perform  all  the  duties  required  of  the  Board 
of  Estimates  by  the  provisions  of  this  Article. 

Baltimore  City  v.  Gorter,  93  Md.  1.  Skinner  Dry  Dock  Co.  v.  Balti- 
more. 96  Md.  37.  Callaway  v.  Baltimore  City,  99  Md.  315.  Brauer  v. 
Refrigerating  Co.,  99  Md.  369. 

Party  obtaining  judgment  against  tlie  city  cannot  have  mandamus  to 
levy  a  special  tax.  Must  wait  until  provision  is  made  in  the  next  Ordi- 
nance of  Estimates. 

Kinlein  v.  Baltimore,  118  Md.  576. 

The  park  fund  under  existing  laws  is  to  be  applied  to  park  purposes 
only,  and  to  be  expended  and  distributed  for  such  purposes  by  the  Board 
of  Park  Commissioners ;  and  the  fact  that  they  had  svibmitted  estimates 
to  the  Board  of  Estimates,  and  spent  no  moneys  not  so  approved  by  the 
Board  of  Estimates  does  not  estop  the  Park  Commissioners  from  claim- 
ing the  right  to  an  injunction  to  restrain  the  diversion  of  the  park  fund 
to  other  purposes. 

Baltimore  v.  Williams,  124  Md.  502. 

The  legislature  has  the  right  by  law  to  impose  upon  the  city  a  portion 
of  the  expense  of  supporting  the  Public  Service  Commission.  The  Act 
involved  in  this  case  provided  for  a  salary  of  $3,000.00  to  be  paid  by  the 
State  and  an  additional  $3,000.00  to  be  paid  by  the  City  of  Baltimore. 

Thrift  v.  Laird,  125  Md.  55. 

Right  of  the  Board  of  Estimates  to  reduce  the  amount  of  the  estimate 


75 

of  the  Board  of  Police  Commissioners.  Mandamus  lield  to  be  imneces- 
sary  in  tliis  case  to  compel  the  city  to  assess  and  levy  the  amount  re- 
quired by  the  Police  Department,  as  the  Police  Board  has  the  authority 
to  make  requests  from  time  to  time  upon  the  City  Comptroller  for  their 
needs.  (Construed  in  connection  with  Section  747). 
McEvoy  V.  Baltimore,  125  Md.  — . 

1906,  ch.  459.     1914,  ch.  80. 

36A.  The  Board  of  Estimates  shall  have  power  to  increase 
or  decrease  the  salaries  of  all  miniicipal  officials,  and  other  per- 
sons whose  salaries  are  named  in  this  Article  or  Acts  relatino- 
to  the  City  of  Baltimore,  except  the  salaries  of  the  members 
of  the  Board  of  Estimates,  provided  the  amount  of  such  increase 
or  decrease  shall  be  inserted  as  an  item  or  items  in  the  Ordi- 
nance of  Estimates  for  any  year  and  be  subject  to  the  same  con- 
trol by  the  City  Council  as  it  now  has  under  this  Article  of 
the  general  items  inserted  in  said  ordinance.  Provided,  how- 
ever, that  when  the  salary  of  any  municipal  official  or  other 
person,  whose  salary  is  so  named,  shall  be  so  increased  or  de- 
creased it  shall  not  again  be  so  increased  or  decreased  during 
the  term  of  office  of  said  municipal  officer  or  other  person.  The 
increase  in  the  salary  of  the  Chairman  of  the  Paving  Commis- 
sion, provided  in  the  Ordinance  of  Estimates  for  1914,  is 
hereby  ratified  and  given  the  same  effect  as  if  it  had  been  made 
after  the  passage  of  this  Act. 

Does  not  apply  to  members  of  Police  Force. 

McEvoy  V.  Baltimore,  125  Md.  — .    Thrift  v.  Ammidon,  125  Md.  — . 

1912,  ch.  429. 

36B.  The  Board  of  Estimates  shall  have  power  to  appoiut, 
upon  nomination  of  the  Mayor,  a  consulting  engineer,  who 
shall  be  paid  a  salary  to  be  fixed  by  said  Board,  not  exceeding 
$4,000  per  year.  The  duty  of  the  consulting  engineer  shall 
be  to  advise  and  assist  in  the  work  of  the  various  engineering 
departments  of  the  city  when  called  upon  so  to  do.  He  shall 
decide  all  questions,  controversies  and  conflicts  between  the 
engineers  of  the  various  departments,  all  engineering  (]iu'stions 
which  come  before  the  Board  of  Estimates  may  be  referred  to 
him  for  consideration  and  advice,  and  he  shall  exercise  stu*h 
othr-r  duties  as  he  may  be  called  upon  to  exercise  by  the  Mnyor 
or  the  Board  of  Estimates.  The  consulting  engineer  shall  not 
be  regarded  as  a  mnniei|)al  f)ffieial  within  the  meaning  ot 
section  20. 

1914.  di.  .''.:'.9. 
3611.       All     piirehases    of    [ti-opei-ty,    and    olliec    coiif  raets    in- 


76 

volving  an  expenditure  of  more  than  five  hundred  dollars,  ex- 
cept those  awarded  by  the  Board  of  Awards  under  section  15 
of  the  Charter,  made  by  any  department,  sub-department, 
municipal  officer,  special  commission  or  board,  in  addition  to 
compliance  with  the  other  provisions  of  the  Charter,  shall  be 
submitted  to  the  Board  of  Estimates  for  its  approval  and  shall 
be  binding  upon  the  city  only  when  so  approved. 

The  Board  of  Police  Commissioners  are  not  subject  to  the  provisions 
of  Section  14  and  Section  36B  of  the  City  Charter. 

Thrift  V.  Ammidon,  125  Md.  — .     McEvoy  v.  Baltimore,  125  Md.  — . 

GRANTS  OF  FRA:NCHISES. 

p.  L.  L.,   (1898)  Art.  4,  see.  37.     1900,  ch.  109.     1906,  oh.  357. 

37.  Before  any  grant  shall  be  made  by  the  Mayor  and  City 
Council  of  Baltimore,  of  the  franchise  or  right  to  use  any  street, 
avenue,  alley  or  highway,  or  the  grant  of  the  franchise  or  right 
for  the  use  of  any  public  property  mentioned  in  Section  7  of 
this  Article,  the  proposed  specific  grant,  with  the  exceptions 
hereafter  in  this  Section  made,  shall  be  embodied  in  the  form 
of  an  ordinance,  with  all  the  terms  and  conditions  required  by 
the  provisions  of  this  Article,  and  snch  others  as  may  be 
right  and  proper,  including  a  provision  as  to  the  rates,  fares 
and  charges,  if  the  grant  provides  for  the  charging  of 
rates,  fares  and  charges,  and  a  provision  that  the  franchise  or 
right  shall  be  executed  and  enjoyed  six  months  after  the  grant. 
The  said  ordinance  shall,  after  having  been  introduced  in  either 
Branch  of  the  City  Council,  and  after  the  first  reading,  be 
referred  forthwith  by  the  Branch  in  which  the  same  is  ofl^ered 
to  the  Board  of  Estimates.  The  said  Board  shall  make  diligent 
inquiry  as  to  the  money  value  of  said  franchise  or  right  pro- 
posed to  be  granted,  and  the  adequacy  of  the  proposed  compen- 
sation to  be  paid  therefor  to  the  city  as  offered  in  the  ordinance 
already  introduced,  and  the  propriety  of  the  terms  and  condi- 
tions of  said  ordinance,  and  said  Board  is  empowered  to  increase 
the  compensation  to  be  paid  therefor  to  the  city,  and  alter  the 
terms  and  conditions  of  said  ordinance,  provided  such  altera- 
tions are  not  inconsistent  with  the  requirements  and  provisions 
of  this  Article,  and  it  shall  be  the  duty  of  said  Board  to  fix  in 
said  ordinance  the  said  compensation  at  the  largest  amount  it 
may  be  able  by  advertisement  or  otherwise  to  obtain  for  said 
franchise  or  riffht,  and  no  e;rant  thereof  bv  the  Citv  Council 
shall  be  made  except  for  the  compensation  and  on  the  terms 
approved  by  a  vote  or  resolution  of  the  said  Board,  entered  on 
the  minutes  or  records  of  such  Board  and  attached  to  said  ordi- 


77 

nauce,  with  the  signatures  of  a  majority  of  said  Board  signed 
to  the  same.  The  provisions  of  this  section  shall  apply  to  the 
renewal  or  extension  of  any  franchise  or  right  relating  to  the 
use  of  any  of  the  public  property  mentioned  in  section  7  of 
this  Article  now  existing,  or  which  may  hereafter  be  gi-anted 
to  any  person  or  body  corporate.  Provided,  that  the  right  to  use 
the  streets,  avenues,  alleys  or  public  property,  by  any  person  or 
body  corporate  for  steps,  porticoes,  bay  windows,  bow  windows, 
show  windows,  signs,  columns,  piers  or  other  projections  or 
structural  ornaments  of  any  character  except  so  far  as  the  same 
may  be  prohibited  by  law,  and  covered  vaults,  covered  areaways, 
drains,  drain-pipes,  or  any  other  private  purpose  not  prohibited 
by  laws  and  not  being  a  franchise  or  right  requiring  a  formal 
grant  by  ordinance  under  the  terms  of  this  section,  may  be 
granted  by  the  Board  of  Estimates  for  such  an  amount  of  money 
and  upon  such  terms  as  the  said  Board  may  consider  right  and 
proper.  Before  said  Board  shall  grant  any  such  right  the  per- 
son or  body  corporate  seeking  the  same  shall  file  before  said 
Board  in  writing  an  application  for  such  use  and  in  said  appli- 
cation the  use  desired  shall  be  stated  and  what  the  applicant  is 
willing  to  pay  for  the  same  must  be  given  and  such  person  or 
body  corporate  shall  only  enjoy  such  use  on  the  payment  of  the 
amount  of  money  named  by  said  Board  and  on  the  terms  and 
conditions  said  Board  shall  prescribe  in  writing,  and  no  ordi- 
nance or  advertisement  shall  be  necessary  or  made  in  such  cases 
as  are  named  in  the  proviso  of  this  section.  Provided,  however, 
that  copies  of  said  application  be  served  upon  the  adjoining 
property  owners  by  said  applicant  before  filing  application  be- 
fore said  Board. 

Baltimore  City  v.  Gorter,  93  Md.  12.  Purnell  v.  McLane,  98  Md.  591- 
595.    Brauer  v.  Refrigerating  Co.,  99  Md.  3G7. 

See,  section  8,  as  re-enacted  by  Act  1906,  ch.  152,  ante,  P.  54. 

In  connection  with  the  provisions  of  Section  37,  of  the  Charter,  see, 
Simon's  Sons  v.  Maryland  Tel.  &  Telegraph  Co.,  99  Md.  17.3.  Md.  Tel. 
Co.  V.  Simon's  Sons,  103  Md.  136.  Preston  v.  Likes,  Berwanger  &  Co.. 
103  Md.  191. 

Franchises  in  city  streets  may  he  granted  hy  the  Legislature. 
Dulaney  v.  United  Railways  Company.  104   Md.  440-441. 

Street  lighting — liability  of  contractor,  supplying  city — injury  by 
escape  of  gas. 

Consolidated  Gas  Co.  v.  Connor,  114  Md.  140. 

Grant  of  minor  privilege  without  notice  to  adjoining  property  void. 
Fralingor  v.  Cooke,  108  Md.  6S:?. 

Referred  to  in  The  Patapsco  Electric  Co.  v.  M.  &  C.  C,  110  Md.  310. 

A  municipality  may  be  estopped  by  the  acts  of  its  officers,  &c.,  from 
a.ssertlng  the  invalidity  of  a  grant  of  franchise. 

Hagcrstown  v.  Ilagerstown  Rvvy.,  123  Md.  1S3. 


78 

A  municipal  corporation  may  set  up  a  plea  of  ultra  vires  to  enter  into 
a  given  contract,  or  do  a  given  act,  even  though  the  other  party  to  the 
contract  has  expended  money  on  the  faith  of  said-  contract. 
Hagerstown  v.  Hagerstown  Rwy.,  123  Md.  183. 

190S,  ch.  151. 
37A.  Anything  in  the  preceding  sections  of  this  Article, 
to  the  contrary  notwithstanding,  where  ordinances  now  stand 
referred,  or  shall  hereafter  stand  referred,  to  the  Board  of  Esti- 
mates of  the  Mayor  and  City  Council  of  Baltimore,  in  the  man- 
ner provided  for  in  the  preceding  section  of  this  Article,  grant- 
ing franchises  or  rights  in  the  water  front,  wharf  property, 
land  under  the  water,  public  landings,  wharves  or  docks,  of 
the  Mayor  and  City  Council  of  Baltimore,  or  in  any  portion  or 
portions  thereof,  the  said  Board  shall  be  empowered  to  fix  the 
compensation  for  the  franchise  or  right  in  their  discretion  at 
such  sum  as  they  shall  deem  reasonable  and  adequate,  and  in 
addition  to  the  power  of  fixing  said  compensation  as  aforesaid, 
and  of  prescribing  the  terms  and  conditions  of  the  grant  in 
the  manner  provided  for  in  the  preceding  section  of  this  arti- 
cle, shall  be  empowered,  where  there  are  two  or  more  appli- 
cants for  the  franchise  or  right  who  are  prepared  to  pay  said 
compensation,  fixed  as  aforesaid,  to  grant  said  franchise  or 
right  to  either  one  of  said  applicants,  to  the  exclusion  of  the 
other,  or  of  the  rest  of  said  applicants,  as  it  may  deem  best  for 
the  interests  of  the  City  of  Baltimore;  and  it  is  also  the  pur- 
pose of  this  Act  that  where  there  are  one  or  more  of  such  ap- 
plications for  the  franchise  or  right  in  space,  included  in,  but 
less  in  dimensions  than  the  space  embraced  in  another  or  other 
of  such  applications,  the  said  board  shall,  in  addition  to  the 
power  of  fixing  said  compensation  as  aforesaid,  and  of  pre- 
scribing the  terms  and  conditions  of  the  grant  as  aforesaid, 
be  also  empowered  to  determine,  in  its  discretion,  whether  the 
grant  shall  be  made  to  the  applicant,  or  to  one  of  the  appli- 
cants, applying  at  said  compensation  fixed  as  aforesaid  for  the 
franchise  or  right  in  the  greater  space,  or  to  the  applicant 
or  one  of  the  applicants,  applying  at  said  compensation,  fixed 
as  aforesaid,  for  the  franchise  or  right  in  the  lesser  space  ac- 
cordingly, as  the  said  Board  may  deem  best  for  the  interests  of 
the  people  of  Baltimore.  'No  grant  of  the  franchise  or  right  in 
any  of  the  public  property  mentioned  in  this  section  of  this 
Article,  or  in  any  portion  or  portions  thereof,  shall  be  made 
by  the  City  Council,  except  for  the  compensation,  and  upon 
the  terms  and  conditions,  and  to  the  grantee  or  grantees  ap- 
proved by  a  vote  or  resolution  of  the  said  Board,  entered  on  the 


79 

minutes  or  records  of  the  said  Board,  and  attached  to  the  ordi- 
nance granting  the  franchise  or  right  to  the  gi'antee  or  grantees, 
approved  by  the  said  Board,  with  the  signatures  of  a  majority 
of  the  said  Board  signed  to  the  same. 

38.  There  shall  be  included  annually  in  the  ordinance  of 
estimates  the  sum  of  fifty  thousand  dollars  to  be  used  as  a 
contingent  fund  by  the  Board  of  Estimates,  in  case  of  an 
emergency  or  necessity  for  the  expenditure  of  money  above  the 
appropriations  regularly  passed  for  any  department,  sub-de- 
partment, municipal  ofiicer  not  embraced  in  a  department,  or 
special  commission  or  board,  in  the  interval  between  the  annual 
appropriations  as  herein  provided  for.  As  soon  as  practicable 
after  the  expenditure  of  any  part  of  said  contingent  fund,  the 
said  Board  shall  report  to  the  City  Council  all  the  circumstances 
attending  said  expenditure,  and  the  necessity  for  the  same,  and 
the  reasons  assigned  by  the  department,  sub-department,  munic- 
ipal officer  not  embraced  in  a  department,  or  special  commis- 
sion or  board,  applying  for  and  receiving  the  same.  The  City 
Council  shall  not  have  the  power  to  increase  or  decrease,  or 
strike  out,  said  amount  from  the  said  ordinance  of  estimates. 

Baltimore  City  v.  Gorter,  93  Md.  12. 

39.  The  ]\Iayor  and  City  Council  of  Baltimore  shall  appro- 
priate no  money  out  of  the  Treasury  of  the  City  for  the  pay- 
ment of  any  private  claim  against  the  city,  unless  such  claim 
shall  have  first  been  presented  to  the  Board  of  Estimates, 
together  with  the  proofs  upon  which  the  same  is  founded,  and 
reported  favorably  by  said  Board. 

BaUimore  City  v.  Gorter,  93  Md.  12. 

TAX  BATE  AJ^D  ANNUAL  LEVY. 

1914,  ch.  .532. 

40.  The  Board  of  Estimates  shall,  on  the  first  day  of  Octo- 
ber, or  as  soon  thereafter  as  practicable,  in  the  year  eighteen 
hundred  and  ninety-eight,  and  in  each  succeeding  year,  pro- 
cure from  the  proper  municipal  department  and  shall  send, 
with  the  said  ordinance  of  estimates,  to  both  Branches  of  the 
City  Council,  a  report  showing  the  taxable  basis  for  the  next 
ensuing  fi-scal  year,  and  the  amount  which  can  reasonably  be 
expected  to  be  realized  by  taxation  for  said  year.  The  report 
shall  fontain  an  aggregate  statement  of  all  the  moneys  to  be 
expended  during  the  next  ensuing  fiscal  year  by  the  city,  as 


80 

set  forth  in  said  ordinance  of  estimates,  as  well  as  of  any 
other  sums,  if  such  there  he,  which  the  city  may  be  required 
to  expend  during  the  said  year  for  any  purpose  or  purposes 
not  included  in  the  ordinance  of  estimates,  and  it  shall  also 
state  the  total  income  which  can  reasonably  be  expected  to  be 
received  by  the  city  for  the  next  ensuing  fiscal  year  from 
licenses,  fees,  rents  and  all  other  charges,  including  the  amount 
believed  to  be  collectible  from  taxes  in  arrears.  The  report 
shall  show  the  difference  between  such  anticipated  expendi- 
tures and  receipts  of  the  city,  and  shall  state  a  rate  for  the  levy 
of  taxes  sufiicient  to  realize  the  amount  required  to  meet  the 
said  difference.  In  the  ordinance  making  the  annual  levy  of 
taxes,  which  ordinance  shall  be  passed  by  the  Mayor  and  City 
Council  of  Baltimore  in  the  month  of  ISTovember  in  each  year, 
and  as  soon  as  practicable  after  the  passage  of  the  ordinance 
of  estimates,  the  Mayor  and  City  Council  of  Baltimore  shall 
fix  a  rate  of  taxation  not  less  than  the  rate  stated  in  the  afore- 
said report,  so  that  it  shall  not  be  necessary  at  any  time  for 
the  city,  its  officers  or  agents,  to  create  a  floating  debt  to  meet 
any  deficiency,  and  it  shall  not  be  lawful  for  the  city,  its  officers 
or  agents,  to  create  a  floating  debt  for  any  such  purpose.  The 
taxes  levied  under  said  ordinance  in  the  month  of  ISTovember 
in  each  year  shall  be  the  taxes  to  be  collected  for  the  fiscal 
year  next  ensuing  after  the  said  month  of  l^ovember,  and 
shall  be  due  and  may  be  paid  to  the  Citv  Collector  on  or  after 
the  first  day  of  January  next  ensuing.  The  taxes  included  in 
said  levy  on  real  estate  or  chattels  real,  and  on  all  forms  of 
personal  property,  including  shares  of  stock  and  other  property, 
valued  or  subject  to  valuation  by  the  State  Tax  Commissioner, 
shall  be  in  arrears  on  the  first  day  of  July  next  ensuing  the 
date  of  their  levy,  and  the  taxes  on  all  forms  of  property  after 
they  become  in  arrears  as  aforesaid  shall  bear  interest  at  the 
rate  of  six  per  centum  per  annum. 

Baltimore  City  v.  Gorter,  93  Md.  1.  Skinner,  etc.  Dry  Dock  Co.  v.  Bal- 
timore City,  96  Md.  37.  Baltimore  City  v.  Poole,  97  Md.  71.  Baltimore 
City  V.  Chester  River  S.  S.  Co.,  103  Md.  400. 

Taxes  on  stock  liens  from  the  time  of  their  levy. 

Union  Trust  Company  y.  Belvedere,  105  Md.  508. 

COMMISSIOI^ERS  OF  FI^AiN'CE. 

1908,  ch.  515. 

41.  The  Commissioners  of  Finance  shall  be  the  head  of  the 
fourth  sub-department  of  finance,  and  shall  be  a  board  composed 
of  the  Mayor,  Comptroller,  Register  and  two  persons  appointed 


81 

by  tlie  ]\Iayor  in  the  mode  prescribed  in  section  25  of  this  Arti- 
cle, and  who  shall  hold  their  offices  as  therein  provided.  Both 
of  said  two  last  named  persons  shall  serve  without  pay.  The 
Mayor  and  Register  shall  sign  all  obligations  of  the  city  and 
all  city  stock.  One  of  the  persons  appointed  by  the  Mayor  as 
aforesaid  and  so  designated,  shall  be  president  of  said  Board. 
The  Deputy  Register  shall  act  as  clerk  to  said  Board  and  keep 
the  accounts  and  a  record  of  proceedings  of  said  Board,  and  for 
such  service,  in  addition  to  the  salary  of  said  Deputy  Register, 
herein  provided,  he  shall  be  paid  a  salary  of  five  hundred  dol- 
lars per  annum,  payable  monthly.  This  Board,  from  the  insti- 
tutions chartered  by  the  United  States  or  the  State  of  Mary- 
land, having  authority  under  their  charters  to  receive  and  hold 
money  on  deposit,  shall  select,  from  time  to  time,  such  deposi- 
tory or  depositories  for  the  funds  of  the  city  as  to  it  may  seem 
proper.  It  shall  authorize  all  temporary  loans  to  be  made  not 
inconsistent  with  this  Article.  It  shall  have  charge,  control 
and  custody  of  all  sinking  funds  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  and  shall  perform  such  other  duties  as  shall 
be  prescribed  by  ordinances  not  inconsistent  with  this  Article. 

CITY  COLLECTOR. 

42.  The  City  Collector  shall  be  the  head  of  the  fifth  sub- 
department  of  Finance,  and  shall  be  appointed  by  the  IMayor 
in  the  mode  prescribed  in  section  25  of  this  Article,  and  hold 
his  office  as  therein  provided.  He  shall  be  paid  for  his  services 
in  collecting  city  taxes  the  salary  of  two  thousand  dollars  per 
annum,  payable  monthly.  He  shall  be  the  collector  of  all  taxes 
and  assessments  on  real  property  levied  or  made  by  the  city. 
He  shall  in  October  in  the  year  eighteen  hundred  and  ninety- 
eight  and  in  each  year  thereafter,  immediately  upon  the  receipt 
of  the  statement  form  the  Appeal  Tax  Court,  showing  the 
taxable  basis  for  the  next  ensuing  fiscal  year,  as  provided  for  in 
section  171  of  this  Article,  begin  the  preparation  of  the  tax  bills 
on  said  basis,  and  after  the  levy  of  taxes  has  been  made  he 
shall  complete  said  bills  and  have  them  ready  for  payment  by 
the  taxpayers  on  the  first  day  of  January  next  ensuing  said  levy, 
or  as  soon' thereafter  as  practicable.  He  shall  liave  such  assist- 
ants, clerks  and  bailiffs  as  may  be  fixed  by  ordinaiu-es,  and  who 
shall  perfoiin  such  duties  as  shall  be  prescri1)cd  by  ordinances 
not  inconsistent  witli  tliis  Article. 

For  (U'C'isioiis  of  iiilcrcst  in  projtorly  coiistniiriK  the  provisions  of  soc- 
tlon  42,  see 

SforliiiK   V.   ATflMjisfcr.    X2   Md.    KM.      T<'xfor    v.    Sliiplcy,    W:    Md.    I'-'l. 
Skiinicr,  etc..  Drv  lUx-k  Co.  v.  P.iilliniorc  City,  DC  Md.  .'{S. 


82 

1844,  ch.  236,  sec.  4.   P.  G.  L.,  (1860)  Art.  81,  sec.  49.   1872,  ch.  384.   1874, 

ch.  383,  sec.  48.     P.  G.  L.,   (1888)   Art.  81,  sec.  49.     1888,  ch. 

515.     1900,  ch.  229.     1914,  ch.  532. 

43.  Whenever  it  shall  become  necessary  to  sell  any  part  or 
parcel  of  ground  in  the  City  of  Baltimore,  improved  or  unim- 
proved, for  the  payment  of  any  taxes  or  assessment,  of  any 
nature  or  kind  whatever,  levied  or  charged,  the  City  Collector 
shall  first  give  notice  by  advertisement  published  once  a  week 
for  four  successive  weeks  in  two  of  the  daily  newspapers  pub- 
lished in  said  city,  one  of  which  shall  be  in  the  German  lan- 
guage, and  in  every  issue  of  the  Municipal  Journal  during  said 
four  weeks,  that  he  will  sell  said  property  at  public  auction  on 
the  day  in  said  advertisement  mentioned.  Said  notice  shall 
state  the  name  of  the  person,  when  known,  to  whom  such  a 
parcel  of  ground  is  assessed,  the  amount  of  taxes  due  on  the 
same,  and  what  improvements,  if  any,  are  on  said  parcel  of 
ground,  and  to  properly  describe  said  property  the  City  Col- 
lector shall  procure  a  description  from  the  Land  Records  and 
no  survey  shall  be  made  unless  a  proper  description  cannot  be 
obtained  from  the  Land  Records,  and  no  charge  for  survey  shall 
be  made  unless  a  survey  is  actually  made.  If  a  proper  descrip- 
tion cannot  be  obtained  from  the  Land  Records,  the  City  Sur- 
veyor shall,  upon  direction  of  the  City  Collector,  make  a  proper 
survey  and  furnish  a  description  and  plat  to  the  City  Collector, 
and  the  sum  of  three  dollars  for  the  cost  of  such  survey  shall 
be  added  to  the  tax  bill  and  collected  in  the  same  manner  as 
the  bill  itself,  and  paid  over  to  the  City  Register  for  the  use 
of  the  city.  The  City  Collector  shall,  before  advertising  said 
property  for  sale,  give  to  the  person  or  persons  so  in  arrears, 
or  to  one  of  them,  if  more  than  one,  or  leave  at  his  or  her  or 
their  residence,  or  last  known  residence  of  one  of  them,  and  * 
if  no  such  residence  be  knovm,  there  shall  be  left  upon  the 
premises  so  to  be  sold  for  taxes,  a  statement  of  his  or  her  or 
their  indebtedness,  and  not  less  than  thirty  days'  notice  of  his 
(said  Collector's)  intention,  if  the  bill  is  not  paid,  to  enforce 
the  pa_\Taent  thereof  by  distraint  or  execution.  Provided,  how- 
ever, that  this  paragraph  shall  not  apply  to  or  affect  the  present 
City  Surveyor. 

Mayor,  &c.  v.  Howard,  6  H.  &  J.  383.  Alexander  v.  Walter,  8  Gill,  239. 
Polk  V.  Rose.  25  Md.  153.  Co.  Commr's.  of  Pr.  Geo.  Co.  v.  Clarke,  .36 
Md.  207.  Tax  Sale  of  Lot  172,  42  Md.  196.  County  Commr's.  v.  Union 
Mining  Co.,  61  Md.  548.  Cooper  v.  Holmes,  71  Md.  20.  County  Commr's. 
of  Balto.  Co.  V.  Winand.  77  Md.  522.  Duvall  v.  Perkins,  77  Md.  582. 
Textor  v.  Shipley,  86  Md.  424.     Benzinger  v.  Gies,  87  Md.  704. 

As  to  collection  of  taxes  and  tax  sales  generally,  see.  Mayor  v.  Chase, 
2  G.  &  J.  376.    Polk  V.  Pendleton,  31  Md.  125.    Dyer  v.  Boswell,  39  Md. 


83 

465.  Guisebert  v.  Etchison,  51  Md.  478.  Steuart  v.  Meyer,  54  Md.  466. 
Margaff  v.  Cunningham,  57  Md.  585.  Gould  v.  Mayor,  58  Md.  46.  Hebb 
V.  Moore,  66  Md.  167.  Perkins  v.  Dyer,  71  Md.  421.  Georgetown  Col- 
lege V.  Perkins,  74  Md.  72.  Degner  v.  M.  &  C.  C.  of  Balto.,  74  Md.  144. 
Bader  v.  Perkins,  77  Md.  468.  Baltimore  v.  Ulman,  79  Md.  486.  Shaw 
V.  Devecmon,  81  Md.  217,  Richardson  v.  Simpson,  82  Md.  157.  Baum- 
gardner  v.  Fowler,  82  Md.  637.  Young  v.  Ward,  88  Md.  413. 
Land  cannot  be  sold  for  taxes,  unless  taxes  due  and  in  arrear. 
Mullan  V.  Brydon,  117  Md.  559. 

P.  L.  L.,  (1860)  Art.  4,  sec.  875.    P.  L.  L.,  (1888)  Art.  4,  sec.  833. 

44,  The  City  Collector  shall  require  the  purchaser  of  such 
property  on  the  day  of  sale,  or  the  day  next  succeeding,  to 
pay  on  account  of  said  purchase  the  amount  assessed  or  taxed 
on  the  lot  so  sold,  together  with  all  costs  and  charges,  and  no 
more,  and  the  residue  of  the  purchase  money  shall  remain  on  a 
credit  of  one  year  and  a  day, 

P,  L,  L.,  (1860)  Art.  4,  sec.  876.    P.  L.  L.,  (1888)  Art.  4,  sec.  834. 

45.  If  the  property  so  sold  shall  not  be  redeemed  at  the  ex- 
piration of  a  year  and  a  day  from  the  day  of  sale,  the  City  Col- 
lector shall,  when  required,  and  on  payment  of  the  full  amount 
of  the  purchase  money,  execute  a  deed  for  the  same  to  the  pur- 
chaser, and  the  balance  of  the  purchase  money  so  received  by 
him  shall  be  paid  to  the  City  Register. 

Polk  V.  Rose,  25  Md.  153.  Hamilton  v.  Valiant,  30  Md.  139.  Tax 
Sale  of  Lot  172,  42  Md.  196.    Taylor  v.  Forrest,  96  Md.  529. 

1904,  eh.  281. 
45a.  Whenever  property  in  the  City  of  Baltimore  has  been 
sold  for  taxes  pursuant  to  law,  by  one  City  Collector,  and  such 
sale  has  been  reported  and  the  deed  executed  by  the  successor 
in  office  of  the  City  Collector  who  made  the  sale  as  aforesaid, 
such  report  and  such  conveyance  shall  be  as  valid  to  all  intents 
and  purposes  as  they  would  have  been  if  made  by  the  City 
Collector  who  made  the  sale. 

1904,  ch.  281. 

45b.  Whenever  property  in  the  City  of  Baltimore  has  been 
sold  for  taxes,  pursuant  to  law,  by  one  City  Collector,  and  such 
sale  has  been  reported  by  the  City  Collector  who  made  the 
same,  but  the  deed  for  such  property  has  been  oxc^cutod  and 
delivered  by  the  successor  in  office  of  the  City  Collector  who 
made  such  sale  and  report  as  aforesaid,  such  coTivcyance  shall 
be  as  valid  to  all  intents  and  purposes  as  it  would  have  been  if 
made  by  the  City  Collector  who  made  and  reported  the  sale. 

/?ee,  Duvall  v.  Perkins.  77  Md.  588.  Taylor  v.  Forrest,  96  Md.  5.'{3. 
McM.'ilion  V.  Crean,  IW)  Md.  n.'">2. 


84 

P.  L.  L.,  (1860)  Art.  4,  sec.  877.    P.  L.  L.,  (1888)  Art.  4,  sec.  835. 

46.  If  it  shall  appear  that  the  owner  of  the  said  lot  or  parcel 
of  gi'ound  prior  to  the  execution  of  the  deed  for  the  same  by  the 
City  Collector,  cannot,  after  reasonable  effort,  be  found,  or  if 
said  owner  shall  refuse  to  receive  said  balance  of  money,  then 
in  either  case  the  City  Register  shall  invest  the  same  for  the 
benefit  of  such  owner  in  any  public  debt  of  the  State  of  Mary- 
land or  Mayor  and  City  Council  of  Baltimore,  and  shall  safely 
keep  the  same,  and  from  time  to  time  collect  the  interest  due 
thereon,  and  invest  for  the  benefit  of  such  owner  the  interest 
from  time  to  time  in  the  said  stock. 

P.  L.  L.,  (1860)  Art.  4,  sec.  878.    P.  L.  L.,  (1888)  Art.  4,  sec.  836. 

47.  When  any  lot  or  parcel  of  ground  in  the  said  City  shall 
be  sold  by  reason  of  non-payment  of  the  tax  or  assessment  due 
thereon,  the  owner  or  other  persons  having  an  estate  or  interest 
therein  shall  have  power  to  redeem  the  same  at  any  time  within 
one  year  and  a  day  from  the  day  of  sale,  on  paying  or  tendering 
in  payment  to  the  City  Collector  the  whole  amount  of  money 
received  by  such  City  Collector  from  the  sale  of  the  lot  or  parcel 
of  ground  to  be  redeemed,  and  a  further  sum  of  one-half  per 
cent,  per  month  interest  from  the  time  of  sale  to  the  time  of 
such  tender ;  and  the  sums  so  paid  shall  be  by  the  City  Collector 
delivered  or  tendered  to  the  purchaser,  whose  right  in  the 
property  so  purchased  shall  thenceforth  cease  and  determine. 

1900,  ch.  663. 

47a.  In  all  cases  where  lands  held  by  lease  have  been  sold 
for  the  non-payment  of  taxes  or  assessments  due  thereon,  the 
owner  of  the  reversionary  interest  therein  shall  have  the  right 
at  any  time  within  one  year  and  a  day  from  the  day  of  such 
sale,  on  paying  or  tendering  in  payment  to  the  collector  the 
whole  amount  of  the  money  received  by  such  collector  from  the 
sale  of  the  lot  or  parcel  of  ground,  together  with  the  further 
sum  of  one-half  per  cent,  per  month  interest  from  the  time  of 
sale  to  the  time  of  such  tender,  to  be  substituted  in  the  place  of 
said  purchaser  of  said  lot  or  parcel  of  ground  so  sold,  and  the 
sum  so  paid  shall  be  by  the  collector  delivered  or  tendered  to 
the  purchaser  whose  rights  in  the  property  shall  thenceforth 
cease  and  determine. 

This  section  was  intended  to  supplement  section  836  of  P.  L.  L.,  (1888) 
Art.  4,  now  codified  as  section  47  of  the  New  Charter. 


85 

P.   G.   L.,    (1S60)    Art.  81,  sees.  61,  63.     1867,  ch.  186.     1S70,  ch.  312. 

1872,  ch.  384.    1874,  ch.  483,  sec.  51.    P.  G.  L.,  (1888)  Art.  81.  sec.  52. 

P.  L.  L.,   (1888)   Art.  4,  sec.  837.     1888,  ch.  515.     1902,  ch.  490. 

48.  In  all  cases  where  lands  held  in  fee  simple  or  by  lease 
have  been  sold,  or  shall  be  sold  for  pa^nnent  of  taxes  in  arrears, 
according  to  the  provisions  of  existing  laws,  it  shall  be  the  duty 
of  the  City  Collector  to  report  the  said  sale,  together  with  all  the 
proceedings  had  in  relation  thereto  to  the  Circuit  Court  of  said 
city.  The  Court  to  which  such  report  shall  be  made  shall 
examine  the  said  proceedings,  and  if  the  same  appear  to  be  reg- 
ular, and  the  provisions  of  law  in  relation  thereto  have  been 
complied  with,  shall  order  notice  to  be  given  by  advertisement 
published  in  such  newspapers  as  the  Court  shall  direct,  warning 
all  persons  interested  in  the  property  sold  to  be  and  appear  by 
a  certain  dav  in  the  said  notice  to  be  named,  to  show  cause,  if 
any  they  have,  why  said  sale  should  not  be  ratified  and  con- 
firmed ;  and  if  no  cause  or  an  insufficient  cause  be  shown  against 
the  said  ratification,  the  said  sale  shall,  by  order  of  said  court, 
be  ratified  and  confirmed,  and  the  purchaser  shall,  on  payment 
of  the  purchase  money,  have  a  good  title  to  the  property  sold ; 
but  if  good  cause,  in  the  judgment  of  said  court,  be  shown  in 
the  premises,  the  said  sale  shall  be  set  aside ;  in  which  case  the 
said  City  Collector  shall  proceed  to  a  new  sale  of  the  property 
and  bring  the  proceeds  into  court,  out  of  which  the  purchaser 
shall  be  repaid  the  purchase  money  paid  by  him  to  the  City 
Collector  on  said  rejected  sale,  and  all  taxes  assessed  on  said 
real  estate  and  paid  by  said  purchaser  since  said  sale,  and  all 
costs  and  expenses  properly  incurred  in  said  court,  with  interest 
on  all  such  sums  from  the  time  of  pa"yTnent ;  and  if  the  pur- 
chaser has  not  paid  the  purchase  money  or  the  subsequent  taxes, 
to  apply  said  proceeds  to  the  payment  of  the  taxes  for  wliich 
said  real  property  may  have  been  sold,  and  all  subsequent  taxes 
thereon  then  in  arrears,  with  interest  on  the  same,  according 
to  law,  and  the  costs  of  the  proceedings ;  but  such  sales  shall  not 
be  set  aside  if  the  provisions  of  the  law  shall  appear  to  have  been 
substantially  complied  with ;  and  the  l)urdon  of  proof  shall 
be  on  the  exceptant  to  show  the  same  to  be  invalid  nndor  the 
law. 

Co.  rVminir's.  Pr.  Geo.  Go.  v.  Glark,  ?,C,  Mtl.  200.  E.r  parte  in  the 
matter  of  the  Tax  Sale  of  Lot  172,  -12  yU\.  190.  Meyer  v.  Stciuirt.  48 
Md.  423.  Guisehert  v.  Etchlson.  51  Md.  488.  Steuart  v.  Meyer.  .'")l  yh\. 
4.~1.  f'ooper  v.  ITolines.  71  Ma.  20.  Textor  v.  Sliii)l('y.  77  Mil.  170. 
Shaw  V.  Devecnioii,  SI  Md.  217.  lUehanlson  v.  Siiiiiisoii.  S'J  Md.  1."). 
Iiaum«ardner  v.  Fowler,  82  Md.  O-'H.  Keys  v.  Forrest.  !K»  M.I.  136. 
Taylor  v.  Forrest.  96  Md.  531.  Cf.,  Mar^'afT  v.  Giiiiidiii,diam's  Heirs, 
.57  Md.  58.5.  Vouiik  v.  Ward.  88  Md.  119.  ILMI.  OppciiiM-iiiicr  v.  L<'vi, 
96  Md.  .304.     Hewitt  v.  Parsley.  101  Md.  207. 


86 

1880,  ch.  230.     P.  L.  L.,  (1888)  Art.  4,  sec.  838, 

49.  Whenever  the  City  Collector  shall  have  distrained  or 
levied  upon  any  goods  or  chattels  in  said  city  for  non-payment 
of  any  taxes,  State  or  mnnicipal,  due  by  the  owner  thereof, 
before  making  sale  of  property  so  distrained  or  levied  upon, 
said  City  Collector  shall  give  notice  by  advertisement  published 
twice  a  week  for  one  week  prior  to  the  day  of  sale,  and  also 
on  the  day  of  sale,  in  three  of  the  daily  newspapers  published 
in  said  city,  one  of  which  shall  be  in  the  German  language,  that 
he  will  sell  for  cash,  at  public  auction,  to  the  highest  bidder,  on 
the  day  and  at  the  time  and  place  mentioned  in  said  advertise- 
ment, the  propei'ty  therein  specified,  unless  on  or  before  the  day 
of  sale  the  entire  amount  of  taxes  for  which  such  distraint  or 
levv  shall  have  been  made,  with  the  interest  thereon,  and  costs 
of  making  said  levy  and  advertisement,  shall  be  paid. 

1880,  ch.  230.     P.  L.  L.,  (1888)  Art.  4.  sec.  839. 

50.  Every  City  Collector  who  shall  sell  any  goods  or  chat- 
tels levied  or  distrained  upon  for  taxes.  State  or  municipal,  in 
Baltimore  City,  after  due  advertisement,  as  required  in  the 
preceding  section,  shall  retain  out  of  the  proceeds  of  sale  the 
amount  of  taxes  due  from  the  delinquent,  for  which  such  levy 
or  distraint  shall  have  been  made,  with  the  interest  thereon, 
and  all  costs  incurred  in  making  said  sale,  and  shall  pay  over 
the  surplus,  if  any,  to  the  owner  of  the  property  so  levied  upon 
and  sold. 

1890,  ch.  205.    P.  L.  L..   (1888)  Art.  4,  sec.  841  A.     1900,  ch.  229. 

1914,  ch.  532. 

51.  The  City  Collector  shall  at  least  two  weeks  before  the 
taxes  become  in  arrear  give  notice,  by  advertisement  in  two 
daily  papers  published  in  Baltimore  City  and  in  the  Municipal 
Journal,  of  the  day  on  which  all  taxes  for  the  current  fiscal 
year  become  in  arrear;  and  shall,  on  the  application,  in  person 
or  by  agent  or  by  mail,  of  any  person  to  whom  property  is 
assessed,  deliver  or  send  by  mail  a  bill  showing  the  amount 
of  taxes  due  by  such  person.  Two  weeks  before  the  day  on 
which  such  taxes  shall  by  law  be  in  arrear,  he  shall  give  notice 
by  advertisement  in  the  same  way  that  all  taxes  not  paid  on  or 
before  that  date  will  be  in  arrears,  and  that  the  property  on 
which  said  taxes  are  levied  will  then  be  subject  to  be  sold  for 
taxes.  And  said  notice  shall  further  state  that  unless  the  taxes 
are  paid  before  they  become  so  in  arrear,  an  amount  equal  to 
one  per  centum  per  annum  of  the  gross  amount  thereof,  ac- 


87 

counting  from  the  date  when  said  taxes  become  in  arrear  shall 
be  added  to  each  bill  for  taxes  in  arrear;  and  if  the  same  be 
not  paid  before  they  so  become  in  arrear  an  amount  eqnal  to 
one  per  centum  per  annum  of  the  gross  amount  of  each  bill, 
accounting  from  the  time  said  taxes  became  in  arrear  to  the  time 
of  the  pa^^nent  thereof,  shall  be  added  thereto  as  a  penalty,  and 
collected  in  the  same  manner  as  the  bill  itself,  said  penalty  to  be 
paid  to  the  City  Collector  and  by  him  to  the  City  Register  to  the 
credit  of  the  Mayor  and  City  Council.  In  the  case  of  escaped 
or  omitted  property  the  penalty  herein  provided,  and  also  in- 
terest, shall  be  added  to  the  tax  bills  for  the  current  and  back 
years  in  the  same  manner  as  if  such  propert_y  had  not  escaped 
or  been  omitted. 

Benzinger  v.  Gies,  87  Md.  704. 

1904.  ch.  386. 

51  A.  In  all  cases  where  the  City  Collector  shall  commence 
and  carry  on  proceedings  for  the  enforcement  and  collection  of 
taxes  under  the  provisions  of  this  Article,  whether  by  notice, 
distraint,  levy,  advertisement,  sale,  report  of  sale  or  otherwise, 
and  the  term  of  office  of  such  City  Collector  shall  expire  or  shall 
cease  bv  death,  resieiiation,  removal  or  otherwise,  before  such 
proceedings  are  completed,  and,  in  case  of  sale,  before  the  said 
sale  has  been  fully  ratified  and  confirmed  and  a  deed  to  the 
purchaser  executed  and  delivered  as  provided  in  this  Article,  the 
successor  in  office  of  such  Citv  Collector  whose  term  of  office 
shall  thus  cease  or  expire  is  hereby  authorized,  empowered 
and  required  to  continue  and  complete  all  said  proceedings  com- 
menced and  carried  on  as  aforesaid,  during  the  term  of  office  of 
his  said  predecessor,  in  the  same  manner  and  with  like  effect 
as  his  said  predecessor  would  have  been  authorized  and  em- 
powered to  do  had  his  term  of  office  not  ceased  and  expired  as 
aforesaid ;  and  the  successor  in  office  of  such  City  Collector 
whose  term  of  office  shall  thus  cease  or  expire,  shall  have  full 
power  and  authority  to  report  any  and  all  sales  made  by  liis  said 
predecessor  in  office,  to  execute  and  deliver  any  and  all  deeds  to 
property  sold  or  reported  by  his  said  predecessor,  and  generally 
to  do  any  and  all  acts  and  things  necessary  or  proper  to  be  done 
in  order  to  continue  and  finally  complete  the  enforcement  and 
collection  of  taxes,  and  the  sale  and  conveyance  of  property 
therefor  comnienoefl  and  carried  on  by  his  said  predecessor  in 
office. 

Duvall   V.  Perkins,  77  !\I<1.  .WS.     Taylor  v.  Forrest.  !)(>  .Md.  520. 

Interest  and  penalties  may  be  collected  from  property  In  the  hands  of 


88 

a  Receiver,  but  the  right  to  them  may  he  lost  by  delay  in  applying  to 
the  Court. 

Blakistoiie  v.  State.  117  Md.  238. 
Taxes  pui<l  under  a  mistake  of  law  cannot  he  recovered.     City  Col- 
lector cannot   refund   taxes  paid  under   a   law.   after   it   was  declared 
invalid. 

Baltimore  v.  Harvey,  118  Md.  276.    Amos  v.  Al)romaitis,  122  Md.  257. 
This  act  invalidates  tax  sale  deed  given  before  act  was  passed. 
McMahon  v.  Crean,  109  Md.  669. 


COLLECTOE  OF  STATE  TAXES. 

1874.  ch.  483.     P.  L.  L..    (1888)   Art.  4.  sec.  851.     P.  G.  I...   (1904)   Art. 

81,  sec.  31. 

52.  The  Mayor  shall  appoint  iu  the  mode  prescribed  in  sec- 
tion 2.5  of  this  Article,  and  he  shall  hold  his  office  as  therein 
provided,  one  Collector  for  Baltimore  City,  for  the  collection 
of  all  State  taxes  levied  or  to  be  levied  for  any  year;  and  it 
shall  not  be  lawful  for  the  municipal  authorities  of  said  city  to 
provide  any  fixed  annual  or  other  stated  compensation  for 
collection  of  the  State  taxes,  or  a  salary  of  any  kind,  to  the 
said  Collector  for  his  services  in  collecting-  the  State  taxes, 
otherwise  than  by  a  per  centum  on  the  amount  of  his  collections, 
as  prescribed  by  this  Article. 

Crane  v.  State.  1  Md.  27.  Humphrey  v.  State.  17  Md.  57.  McCauley  v. 
State.  21  Md.  573.  Allen  v.  State,  98  Md.  697.  Cf.,  Seidenstricker  v. 
State,  2  Gill  374. 

1888,  Art.  81,  sec.  33.    1860,  Art.  81,  sec.  35.    1865.  ch.  155.    1868.  ch.  366. 
1874,  ch.  483,  sec.  32.     P.  L.  L.,    (1888)   Art.  4.  sec.  852. 

53.  The  Collector  of  State  taxes  in  the  City  of  Baltimore, 
before  he  acts  as  such,  shall  2;ive  a  bond  to  the  State  of  Marv- 
land  in  the  penalty  of  seventy-five  thousand  dollars,  to  be  ap- 
proved by  the  Governor,  w^ith  the  condition  that  "if  the  above 

bound shall  well  and  faithfully  execute  his  office,  and 

shall  account  to  the  State  Comptroller  for,  and  pay  to  the 
Treasurer  of  the  State,  the  several  sums  of  money  which  he  shall 
receive  for  the  State,  or  be  answerable  for  by  law,  at  such 
times  as  the  law  shall  direct,  then  such  obligation  to  be  void, 
otherwise  to  remain  in  full  force  and  virtue  in  law."  The 
said  Collector's  bond,  when  approved  by  the  proper  authorities 
in  the  City  of  Baltimore,  shall  be  recorded  in  the  office  of  the 
Clerk  of  the*  Superior  Court  of  Baltimore  City,  and  when 
approved  by  the  Governor  shall  be  filed  in  the  office  of  the  State 
Comptroller. 

Baden  v.  State,  1  Gill  165.     State  v.  Carleton,  1  Gill  249.     Waters  v. 


89 

state,  1  Gill  302.  Lawrenson  v.  State,  7  H.  «&  J.  339.  Milburn  v.  State, 
1  Md.  14.  Billingslea  v.  State,  14  Md.  369.  McCauley  v.  State,  21  Md. 
573.    State  v.  Horner,  34  Md.  569.    Frownfelter  v.  State,  66  Md.  80. 

1888,  Art.  81,  sec.  34.     1868,  ch.  366.     1874,  ch.  383,  sec.  33.    1904,  Art. 
81,  sec.  34.    P.  L.  L.,  (1888)  Art.  4,  sec.  853. 

54.  The  Collector  of  State  Taxes  in  the  Citv  of  Baltimore 
shall  make  daily  deposits  of  such  sum.s  of  money  as  he  shall 
receive  for  State  taxes  collected  by  him,  less  the  amount  of 
commission  allowed  him  for  the  collection  of  the  same,  to  the 
credit  of  the  Treasurer  of  the  State  of  Maryland,  in  some 
bank  in  said  city  which  pays  to  the  State  the  bonus  or  school 
tax,  as  provided  by  law,  to  be  designated  by  the  said  Treasurer, 
and  shall  send  to  the  Treasurer  a  statement  of  the  amount  so 
deposited  within  the  first  ten  days  of  each  month,  with  a 
certificate  of  the  bank  that  the  same  is  so  deposited;  and  on 
the  failure  to  make  such  daily  deposits  and  to  send  such  certifi- 
cate, he  shall,  on  proof  thereof  to  the  satisfaction  of  the  Gover- 
nor, be  liable  to  removal  from  ofiice  by  the  Governor,  and  the 
State  Comptroller  shall  immediately  enter  suit  upon  his  bond. 

Allen  V.  State,  98  Md.  697.    See  Seidenstricker  v.  State,  2  Gill  374. 

1874,  ch.  483.    "P.  L.  L.,   (1888)  Art.  4,  sec.  854.     1888,  Art.  81,  sec.  35. 
1868,  ch.  366.     1874,  ch.  483,  sec.  34. 

55.  The  Treasurer  of  the  State  may  make  weekly  examina- 
tion of  the  books  of  the  Collector  of  State  Taxes  in  Baltimore 
City,  whose  books  shall  always  be  open  to  such  inspection. 

1874,  ch.  483.     P.  L.  L.,    (1888)    Art.  4,  sec.  855.     1888,  Art.  81,  sec. 
39.    1860,  Art.  81.  sec.  39.    1844,  ch.  236,  sec.  1.    1865,  ch.  155. 
1868,  ch.  366.     1874,  ch.  483,  sec.  38. 

56.  If  there  be  no  Collector  of  State  Taxes  qualified  and 
compensated  in  conformity  with  the  provisions  of  this  Article 
in  said  city  by  the  fifteenth  day  of  October  in  any  year,  the 
Governor  shall  appoint  from  any  part  of  the  State  a  Collector 
for  the  said  city,  who  shall  give  bond,  with  sureties  to  be 
approved  by  the  Governor,  and  be  in  all  respects  on  a  footing 
with  other  State  Collectors'  bonds  as  provided  in  the  Public 
General  Laws,  Article  81,  title  "Revenue  and  Taxes,"  and  the 
said  Collector  shall  have  all  the  power  of  other  Collectors. 

1874,  ch.  483.    P.  L.  L.,  (1888)  Art.  4,  Sec.  856. 

57.  The  Mayor  and  City  Council  of  Baltimore  shall  levy 
upon  the  assessable  property  in  the  City  of  Baltimore  such 
commission  as  will  in  its  judgment  insure  a  speedy  collection 


90 

of  said  State  taxes,  not  exceeding  two  per  centum  on  the  amount 
to  be  placed  in  the  hands  of  said  Collector  of  State  Taxes  for 
Baltimore  City ;  said  commission  to  be  levied  for  the  use  of  said 
Collector,  and  to  be  collected  as  other  charges  are  collected. 

Allen  V.  State,  98  Md.  697. 

58.  The  City  Collector  shall  be  the  Collector  of  State  Taxes, 
and  perform  the  duties  as  herein  provided,  unless  otherwise 
provided  by  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more. 

1906,  ch.  101. 
58A.  At  the  trial  or  hearing  of  any  suit  or  proceedings  of 
any  kind,  whether  at  law  or  in  equity,  or  before  any  Justice  of 
the  Peace,  brought  for  the  recovery  of  any  tax,  or  taxes,  and 
for  any  interest  or  penalties  that  may  be  due  and  owing  on 
account  of  the  non-payment  of  such  tax  or  taxes,  against  any 
corporation,  firm  or  individual,  and  in  the  case  of  an  individual 
whether  such  suit  or  proceedings  be  against  him  or  her  in  a 
representative  or  fiduciary  capacity,  or  in  his  or  her  own  right, 
the  certificate  of  the  City  Collector  or  of  the  Collector  of  State 
Taxes  in  the  City  of  Baltimore,  as  the  case  may  be,  as  to  the 
amount  of  such  tax  or  taxes  due,  and  as  to'  the  amount 
of  any  interest  or  penalties  or  both,  due  for  non-pa^Tiient 
of  the  same  shall  be  prima  facie  evidence  to  entitle  either 
the  Mayor  and  City  Council  of  Baltimore  or  the  State  of  Mary- 
land as  the  case  may  be,  to  a  verdict  and  judgment,  or  to  an 
order  or  decree  as  the  proceedings  may  warrant,  against  such 
corporation,  firm  or  individual,  and  in  the  case  of  an  individual, 
whether  the  individual  be  sued  or  proceeded  against  in  a  repre- 
sentative or  fiduciary  capacity  or  in  his  or  her  own  right  for 
the  full  amount  of  such  tax  or  taxes,  together  with  any  interest 
or  penalties,  or  both,  which  said  certificate  shall  so  state  to  be 
due  and  owing. 

1912,  ch.  429. 
58B.  It  shall  not  be  necessary  to  bring  separate  suits  or 
file  separate  claims  for  State  and  city  taxes,  but  State  and  city 
taxes  may  be  claimed,  sued  for,  and  recovered  in  one  claim,  suit 
or  other  proceeding  in  the  name  of  the  Mayor  and  City  Council 
of  Baltimore. 

COLLECTOE  OF  WATEK  KENTS  AND  LICENSES. 

1898,  ch.  123.    1900,  ch.  109. 

59.  The  Collector  of  Water  Rents  and  Licenses  shall  be 


91 

the  head  of  the  sixth  sub-department  of  Finance,  and  shall  be 
appointed  by  the  Mayor  in  the  mode  prescribed  in  section  25 
of  this  Article,  and  hold  his  office  as  therein  provided.  He 
shall  be  paid  the  salary  of  two  thousand  five  hundred  dollars 
($2,500)  per  annum,  payable  monthly.  He  shall  collect  all 
water  rents  and  license  fees,  and  all  other  dues,  or  revenues  to 
which  the  Mayor  and  City  Council  of  Baltimore  is  or  may 
be  entitled  except  otherwise  provided  in  this  article,  and  he 
shall  have  such  assistants  and  clerks  and  perform  such  other 
duties  as  shall  be  prescribed  by  ordinances  not  inconsistent  with 
this  Article.  All  licenses  imposed  by  ordinances  shall  be  due 
and  collectible  in  the  first  week  of  January  in  each  year,  and 
it  shall  be  the  duty  of  said  Collector  of  Water  Rents  and 
Licenses  to  see  that  said  Licenses  are  paid  at  that  time;  pro- 
vided, that  the  Mayor  and  City  Council  of  Baltimore  may,  if 
the  public  service  permits,  assign  the  duties  to  be  performed 
by  this  section  to  be  performed  by  the  Collector  of  Water 
Rents  and  Licenses,  to  some  other  municipal  official,  and  when 
so  done  by  ordinance  this  office  may  be  abolished. 

Does  not  apply  to  market  licenses. 

Meushaw  v.  State,  109  Md.  84.    City  v.  WoUman,  123  Md.  310. 

DEPARTMENT  OF  LAW. 

60.  There  shall  be  a  Department  of  Law  of  the  Mayor  and 
City  Council  of  Baltimore;  the  head  of  said  department  shall 
be  the  City  Solicitor. 

1906,  ch.  459. 

61.  The  City  Solicitor  shall  be  appointed  by  the  Mayor  in 
the  mode  prescribed  in  section  25  of  this  Article,  and  hold  his 
office  as  therein  provided.  He  shall  be  a  member  of  the  Balti- 
more Bar,  who  has  practiced  his  profession  for  not  less  than 
ten  years  in  Baltimore  City,  and  he  shall  receive  a  salary  of 
forty-five  hundred  dollars  per  annum,  payable  monthly. 

1898,  ch.  123.     1904,  ch.  112.    190G,  ch.  206. 

62.  The  City  Solicitor  shall  be  the  legal  adviser  of  the 
Mayor  and  City  Council  of  Baltimore,  and  its  several  depart- 
ments, and  special  commissions  or  boards,  and  shall  have  general 
supervision  and  direction  of  all  legal  business  of  the  city,  lie 
shall  have  charge  and  direction  of  the  preparation  and  trial 
of  all  suits,  actions  and  proceedings  of  every  kind  to  wliicli  the 
city,  or  any  municipal  official,  department,  special  commission 
or  board,  shall  be  a  party  in  any  Court,  local,  State  or  Federal, 


92 

or  before  any  Justice  of  tlie  Peace,  and  when  practicable,  with- 
out conflict  with  his  other  duties,  he  shall  personally  participate 
in  the  trial  of  all  such  suits  in  any  of  the  Federal  Courts  and 
in  the  Court  of  Appeals  of  Maryland  and  of  all  such  suits  in 
other  Courts  which  the  Mayor  may  request  him  in  writing  to 
try,  and  shall  discharge  such  other  duties  as  may  from  time  to 
time  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article.  He  shall  appoint  in  writing  four  assistants,  to  be 
known  respectively,  as  the  Deputy  City  Solicitor  and  Assistant 
City  Solicitor,  all  of  whom  shall  be  members  of  the  Baltimore 
Bar,  and  shall  hold  their  respective  positions  at  salaries  payable 
monthly  of  $3,000  per  annum  for  the  Deputy  City  Solicitor  and 
$2,500  per  annum  for  each  of  the  said  Assistant  Cit3^  Solici- 
tors, during  the  pleasure  of  the  City  Solicitor,  who  is  hereby 
authorized  to  assign  to  them  the  performance,  subject  to  his 
direction  and  control,  of  any  of  the  duties  required  of  him  by 
this  Article,  whether  expressed  to  be  personal  to  himself  or 
not,  excepting  only  such  duties  as  pertain  to  his  character  as  a 
member  of  the  Board  of  Estimates  or  the  Board  of  Awards. 
In  case  any  vacancy  shall  occur  in  the  office  of  the  City  Solicitor 
whether  by  death,  resignation  or  otherwise,  the  Deputy  City 
Solicitor  shall  perform  all  the  duties  appertaining  to  said  office 
until  the  appointment  and  qualification  of  the  new  City  Solici- 
tor, and  during  the  absence,  sickness  or  other  disability  of 
the  City  Solicitor,  the  Deputy  City  Solicitor  shall  perform  all 
the  duties  appertaining  to  the  office  of  City  Solicitor,  including 
his  duties  as  a  member  of  the  Board  of  Estimates  and  of  the 
Board  of  Awards.  In  addition  to  such  other  duties  as  the  City 
Solicitor  may  assign  to  him,  one  of  the  Assistant  City  Solicitors 
shall  have  charge,  subject  to  the  direction  and  control  of  the 
City  Solicitor,  of  the  examination  of  all  titles  on  behalf  of  the 
city,  and  in  doing  such  work  shall  be  aided  by  such  persons  as 
the  City  Solicitor  shall  employ  for  the  purpose  out  of  the  funds 
appropriated  by  the  annual  ordinance  of  estimates  to  his  de- 
partment for  general  expenses,  or  out  of  the  proceeds  of  loans 
or  other  sums  appropriated  by  the  Mayor  and  City  Council  of 
Baltimore  to  defray  the  cost  of  public  improvements  or  work 
involving  the  examination  of  titles  on  behalf  of  the  city. 

In  relation  to  the  powers  and  duties  of  the  City  Solicitor  and  his 
authority  in  representing  the  city  in  suits  prior  to  the  enactment  of 
the  new  City  Charter,  see, 

Balto.  V.  Ritchie,  51  Md.  233.  Ireton  v.  Baltimore,  61  Md.  432.  Dugan 
V.  Mayor,  70  Md.  7,  8.    M.  &  C.  C.  of  Balto.  v.  Turnpike  Co.,  80  Md.  546. 

City  Solicitor  not  a  ministerial  officer, 

Gross  V.  M.  &  C.  C,  111  Md.  543. 


93 

63.  The  City  Solicitor  shall  give  advice  and  opinions  in 
writing  upon  any  legal  questions  aft'ecting  the  interest  of  the 
city,  which  may  be  submitted  to  him  in  writing  by  the  Mayor 
or  either  Branch  of  the  City  Council,  or  any  Committee  there- 
of, or  the  head  of  any  department,  or  a  special  commission  or 
board.  All  deeds,  bonds,  contracts  and  other  legal  instruments 
involving  the  interest  of  the  city  or  to  be  executed  by  or  passed 
to  the  Mayor  or  other  officer  of  the  city  shall,  before  they  are 
executed  or  accepted,  be  submitted  to  the  City  Solicitor  and 
have  endorsed  upon  them  his  opinion  as  to  their  sufficiency  and 
their  compliance  in  terms  and  conditions  with  the  laws  or  ordi- 
nances under  which  they  are  executed.  It  shall  be  the  duty  of 
all  officers  and  departments  of  the  city  to  submit  all  such  bonds, 
contracts  or  other  written  instruments  to  the  City  Solicitor  for 
his  approval  before  executing  or  accepting  the  same. 

64.  The  Law  Department  shall  have  its  offices  and  head- 
quarters in  such  rooms  in  the  City  Hall,  or  elsewhere,  as  the 
Mayor  may  designate,  to  be  provided  and  furnished  at  the 
expense  of  the  city,  and  which  shall  be  open  on  all  business 
days  between  the  hours  of  9  A.  M.  and  3  P.  M.  All  papers  and 
documents  relating  to  the  legal  business  of  the  city  shall  be 
permanently  filed  in  said  office. 

1898,  eh.  123.    1904,  ch.  112.    1906,  ch.  206. 

65.  The  City  Solicitor  is  authorized  to  employ,  in  addition 
to  the  assistants  to  one  of  the  Assistant  City  Solicitors  men- 
tioned in  section  62  of  this  Article,  at  a  total  cost  not  exceeding 
the  aggregate  amount  therefor  fixed  by  the  annual  ordinance  of 
estimates,  a  clerk,  stenographer  and  typewriter,  and  such  other 
assistants  of  every  kind  as  he  may  require,  who  shall  at  all  times 
be  subject  to  his  orders.  The  said  clerk  shall,  subject  to  the 
direction  of  the  City  Solicitor,  have  charge  and  custody  of  the 
office  and  papers  of  the  Law  Department,  which  shall  be  ar- 
ranged and  indexed  by  him  in  such  convenient  and  orderly 
manner  as  to  be  at  all  times  readily  accessible.  He  shall  also 
keep  in  said  office  a  complete  docket  and  duplicate  pleadings 
of  all  suits,  actions,  or  proceedings  in  which  the  city,  or  any 
department  or  official  thereof,  is  interested,  pending  in  any 
Court  or  tribunal,  upon  which  docket  such  appropriate  entries 
shall  be  made  as  to  show  at  all  times  the  coiiditi(jii  of  each  one 
of  such  cases.  He  shall  also  keep  and  record  in  a  book  to  be 
provided  for  that  purpose  the  original  or  duplicate  copies  of  all 
written  opinions  furnished  by  the  Law  Department  to  the  city, 


94 

or  to  any  department  or  official  thereof,  and  also  of  all  abstracts 
of  title  furnished  to  the  city  by  the  Law  Department.  He  shall 
also  procure  as  far  as  possible  all  legal  opinions  and  abstracts 
of  title  which  have  heretofore  been  furnished  to  the  city,  or 
any  department  or  official  thereof,  and  shall  file  and  arrange 
such  opinions  and  abstracts  in  such  manner  and  order  as  to  be 
at  all  times  readily  accessible,  and  shall  make  and  preserve  an 
index  thereof.  He  shall  also  procure  all  law  books  heretofore 
purchased  by  the  city  and  in  possession  of  any  law  officer  or  ex- 
law  officer  of  the  city,  and  arrange  them  in  a  proper  bookcase. 

66.  The  City  Solicitor  shall  have  authority,  with  the  written 
approval  of  the  Mayor,  to  institute  on  behalf  of  the  Mayor  and 
City  Council  of  Baltimore,  any  suit,  action  or  proceeding  in 
any  court  or  tribunal,  local.  State  or  Federal.  All  appeals  on 
behalf  of  the  city  to  the  Court  of  Appeals,  the  Supreme  Court 
of  the  United  States,  the  United  States  Circuit  Court  of  Ap- 
peals or  to  any  other  Court  shall  be  taken  upon  the  written 
order  of  the  City  Solicitor,  approved  by  the  Mayor. 

M.  &  C.  C.  of  Baltimore  v.  Turnpike  Co.,  80  Md.  536. 

67.  The  City  Solicitor  and  his  Assistants  shall  be  allowed 
reasonable  traveling  expenses  outside  of  the  city,  to  be  audited 
by  the  Comptroller,  when  on  business  connected  with  the  Law 
Department. 

DEPAETMENT  OF  PUBLIC  SAFETY. 

68.  There  shall  be  a  Department  of  Public  Safety  of  the 
Mayor  and  City  Council  of  Baltimore,  which  shall  consist  of 
the  Board  of  Fire  Commissioners,  Commissioner  of  Health, 
Inspector  of  Buildings  and  Commissioner  of  Street  Cleaning, 
and  ex  officio  the  President  of  the  Board  of  Police  Commis- 
sioners. The  head  of  said  department  shall  consist  of  a  Board 
of  Public  Safety,  composed  of  the  President  of  the  Board  of 
Fire  Commissioners,  who  shall  be  President  of  said  Board, 
Commissioner  of  Health,  Inspector  of  Buildings,  Commissioner 
of  Street  Cleaning,  and  the  President  of  the  Board  of  Police 
Commissioners.  This  Board  shall  be  for  consultation  and  ad- 
vice, and  it  shall  have  no  power  to  direct  or  control  the  duties 
or  the  work  of  any  sub-department.  It  shall  perform  such  other 
duties  as  may  be  required  of  it  by  ordinances  not  inconsistent 
with  this  Article. 


95 

BOARD  OF  FIRE  COMMISSIONERS. 

69.  The  Board  of  Fire  Commissioners  shall  be  the  head 
of  the  first  sub-departmeut  of  Public  Safety,  and  shall  consist 
of  a  Board  of  three  persons  appointed  by  the  Mayor  in  the  man- 
ner prescribed  in  section  25  of  this  Article,  and  hold  their 
offices  as  therein  provided,  and  they  shall  have  control,  regula- 
tion and  supervision  of  the  Fire  Department  and  matters  re- 
lating to  the  same,  and  shall  perform  such  other  duties  as  may 
be  required  by  ordinances  not  inconsistent  with  this  Article. 
One  of  said  three  persons  shall  be  designated  by  the  Mayor  as 
the  President  of  said  Board.  Each  member  of  said  Board 
shall  be  paid  a  salary  of  one  thousand  dollars  per  annum,  paya- 
ble monthly.  They  shall  have  power  to  appoint  ajl  subordi- 
nates in  their  sub-department,  and  fix  their  compensation,  not, 
however,  to  exceed  in  number  of  employees  or  aggregate  amount 
of  compensation  the  limits  fixed  by  ordinance. 

1884,  ch.  312.    1886,  ch.  463.    1888,  ch.  393.    P.  L.  L.,  (1888)  Art.  4, 

sees.  315  and  315A. 

70.  The  Board  of  Fire  Commissioners  of  the  City  of  Balti- 
more may  retire  from  office  in  the  Fire  Department  any  per- 
manent or  call  member  thereof  who  has  become  permanently 
disabled  while  in  the  actual  performance  of  duty,  or  who  has 
performed  faithful  service  in  the  department  for  a  period  of 
not  less  than  twenty  consecutive  years,  or  who  may  become  una- 
ble to  perform  further  service  by  reason  of  age  or  other  physi- 
cal or  mental  disabilities,  and  place  the  member  so  retired  upon 
a  pension  roll.  And  said  Board  may  also  provide  for  the  re- 
lief of  the  widows  and  children  of  firemen  who  may  be  killed 
in  the  discharge  of  dutv.  The  amount  of  such  annual  pension 
to  be  allowed  by  said  Board  of  Fire  Commissioners  to  each 
pensioner  shall  be  equal  to  one-half  the  yearly  amount  then 
being  received  by  him,  for  service  in  said  department  at  the 
time  of  such  retirement,  per  annum,  payable  in  monthly  in- 
stallments. 

COMMISSIONER  OF  HEALTH. 

71.  The  Commissioner  of  Health  shall  be  the  head  of  the 
second  sub-department  of  Public  Safety.  He  shall  be  appointed 
by  the  Mayor,  in  the  mode  prescribed  in  section  2.5  of  tliis  Arti- 
cle, and  hold  his  office  as  therein  provided.  It  shall  be  liis  duty 
to  cause  all  ordinances  now  in  existence  or  wliich  may  here- 
after be  enacted  for  the  preservation  of  the  health  of  tlie  City 
of  Baltimore,  not  inconsistent  with  this  Article,  to  be  faitlifully 


96 

Qsecuted  and  strictly  observed;  and  all  power  and  authority 
now  lodged  in  the  Board  of  Health  in  said  city  shall  be  and 
the  same  is  hereby  transferred  to  the  Commissioner  of  Health. 
His  salary  shall  be  three  thousand  five  hundred  dollars  per 
annum,  payable  monthly,  and  he  shall  be  a  physician  of  five 
years'  experience  and  active  practice  at  the  time  of  his  appoint- 
ment. He  shall  perform  such  duties  in  this  department  as  are 
now  required  or  may  hereafter  be  prescribed  by  ordinance  not 
inconsistent  with  this  Article.  The  Commissioner  of  Health 
may  appoint  two  Assistant  Commissioners  of  Health,  a  Medical 
Examiner  and  an  Assistant  Medical  Examiner,  and  a  reasona- 
ble number  of  clerks  and  subordinates,  and  fix  their  compensa- 
tion, but  no  greater  number  of  persons  shall  be  appointed  by  or 
employed  under  said  Commissioner  of  Health  than  the  public 
interests  demand  and  the  appropriation  by  the  Mayor  and  City 
Council  of  Baltimore  shall  justify. 

J"'or  origin  of  provisions  of  cliarter  under  ttiis  title,  see  City  Code 
(1893),  Art.  23. 

72.  There  may  be  appointed  by  the  Commissioner  of  Health, 
a  reasonable  number  of  Sanitary  Inspectors  for  said  city,  not 
exceeding  fifteen,  of  whom  two  may  be  physicians,  and  one,  at 
least,  shall  be  a  person  skilled  in  the  matters  of  drainage  and 
ventilation;  and  the  Commissioner  of  Health  from  time  to 
time  may  prescribe  the  duties  of  each,  consistent  with  the  ordi- 
nances now  existing  or  hereafter  enacted,  and  not  inconsistent 
with  this  Article. 

1894,  ch.  53. 

73.  The  Commissioner  of  Health  shall  appoint  all  inspectors 
and  analysts  of  bakeries,  bake  shops,  candy  factories,  confec- 
tioners or  other  places  for  the  manufacture  of  bread,  cakes, 
confectionery  and  similar  food  products,  for  the  purpose  more 
especially  of  ascertaining  their  sanitary  condition  and  cleanli- 
ness, and  for  the  purpose  of  ascertaining  the  purity,  healthful- 
ness  and  wholesomeness  of  the  flour,  sugar,  butter,  lard  or  other 
ingredients  used  in  making  such  bread,  cakes,  confectionery 
and  other  articles  of  food  offered  for  sale  in  the  City  of  Balti- 
more, or  intended  for  consumption  therein,  as  by  ordinance  may 
be  prescribed. 

Deems  v.  M.  &  C.  C.  of  Baltimore,  80  Md.  170. 

1894,  ch.  53. 

74.  The  Commissioner  of  Health  shall  appoint  all  inspectors 
and  analysts  for  the  proper  inspection  of  milk  or  any  and  all 


97 

other  food  products  offered  for  sale  in  the  City  of  Baltimore, 
or  intended  for  consumption  therein,  as  by  ordinance  may  be 
prescribed. 

Deems  v.  M.  &  C.  C.  of  Baltimore,  80  Md.  170. 

75.  One  of  the  Assistant  Commissioners  of  Health,  who 
shall  be  a  legally  authorized  practicing  physician  in  good 
standing,  shall  be  assigned  to  the  performance  of  the  duties 
of  Quarantine  Hospital  Physician.  He  shall  reside  perma- 
nently on  the  grounds  attached  to  the  Hospital  on  the  southern 
shore  of  the  Patapsco  River,  and  known  as  the  Quarantine  Hos- 
pital of  the  port  of  Baltimore,  and  shall  superintend  all  the 
affairs  of  the  hospital  and  the  adjacent  grounds,  under  the  direc- 
tion of  the  Commissioner  of  Health.  Whatever  powers  have 
been  heretofore  granted  by  the  Mayor  and  City  Council  of 
Baltimore,  in  regard  to  quarantine  regulations,  to  the  Board  of 
Health,  are  hereby  transferred  to  the  Commissioner  of  Health, 
subject  to  alteration,  amendment  or  repeal  by  ordinances  not 
inconsistent  with  this  Article. 

76.  In  consideration  of  the  duties  to  be  performed  by  one 
of  the  Assistant  Commissioners  of  Health  as  Quarantine  Hos- 
pital Physician,  said  officer  shall  hereafter  receive,  in  lieu  of  all 
commissions  and  fees,  a  salary  of  three  thousand  dollars  per 
annum,  payable  monthly,  and  he  may  occupy  the  dwelling  on 
the  hospital  grounds  free  of  charge,  but  all  expenses  incurred 
for  his  support,  or  that  of  his  family,  shall  be  defrayed  out  of 
his  salary.  The  other  Assistant  Commissioner  of  Health  shall 
be  allowed  a  salary  of  two  thousand  dollars  per  annum,  payable 
monthly. 

1898,  ch.  123.    1900,  ch.  109. 

77.  The  Commissioner  of  Health  shall  annually  appoint  a 
Vaccine  Physician  for  every  ward  of  the  City  of  lialtimore, 
who  shall  be  a  resident  of  the  ward  for  which  he  may  be  ap- 
pointed, who  shall  vaccinate  in  his  ward  all  such  persons  as  may 
be  designated  by  the  Commissioner  or  Assistant  Commissioner 
of  Health  as  susceptible  to  small-pox  contagion,  nnd  whose  duty 
it  shall  be  to  visit  each  dwelling  house  in  the  ward  for  which 
he  is  appointed  and  vaccinate  every  person  who  may  bo  pre- 
sented to  him  for  that  purpose,  and  to  be  prepared  at  his  olllce 
at  such  hours  as  may  be  designated  by  the  Commissioner  of 
Health  to  vaccinate  all  who  may  there  call  on  liim  llial  arc 
residents  of  said  ward  requiring  vaccination,  lie  shall  keep  a 
record  of  the  names,  ages  and  residences  of  nil  wlioin  lie  slnili 

(5) 


98 

vaccinate  or  re-vaccinate,  and  report  the  same  monthly  under 
oath  or  affirmation  to  the  Commissioner  of  Health,  and  shall 
also  report  to  said  Commissioner  of  Health  monthly  the  names 
of  all  persons  who  shall  refuse  to  suffer  themselves  or  the  mem- 
bers of  their  household  to  he  vaccinated  when  the  same  shall 
be  necessary.  He  shall  discharge  all  other  duties  which  may 
be  required  of  him  as  such  Vaccine  Physician  by  ordinances 
not  inconsistent  with  this  Article,  and  shall  also  discharge  the 
duties  of  Sanitary  Inspector  for  his  ward.  Each  Vaccine 
Physician  shall  be  paid  a  salary  of  not  more  than  nine  hundred 
dollars  ($900)  per  annum,  to  be  fixed  by  the  Health  Commis- 
sioner, payable  monthly. 

78.  Each  of  the  said  Vaccine  Physicians  shall  act  as 
health  warden  of  his  respective  wards,  and  shall  sign,  without 
charge,  all  certificates  that  may  be  required  of  him  to  enable 
children  from  the  respective  vaccine  districts  to  enter  any  of 
the  public  schools  of  Baltimore;  and  he  shall  have  a  general 
supervision  of  the  health  of  his  respective  wards,  and  report  to 
the  Commissioner  of  Health  any  nuisance  which  in  his  opinion 
is  or  may  become  a  source  of  disease,  and  in  case  of  the  mani- 
festation of  any  contagious  disease,  he  shall  at  once,  under  the 
direction  of  the  Commissioner  of  Health,  proceed  to  use  such 
means  as  the  nature  of  the  case  may  demand,  to  arrest  its 
progress. 

INSPECTOK  OF  BUILDINGS. 

79.  The  Inspector  of  Buildings  shall  be  the  head  of  the 
third  sub-department  of  Public  Safety.  He  shall  be  an  archi- 
tect or  builder  of  ten  years'  experience  in  the  active  practice  of 
his  profession  and  have  had  responsible  charge  of  work  for 
at  least  that  length  of  time.  He  shall  be  appointed  by  the 
Mayor  in  the  mode  prescribed  in  section  25  of  this  Article, 
and  hold  his  office  as  therein  provided,  and  under  this  depart- 
ment he  shall  have  the  supervision  of  the  construction  of  all 
buildings  erected  in  the  said  city,  and  shall  see  that  the 
building  laws  relating  to  the  construction  of  said  buildings 
shall  be  complied  with,  and  he  shall  perform  such  other  duties 
as  may  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article.  He  shall  be  paid  a  salary  of  three  thousand  dollars 
per  annum,  payable  monthly. 

1882,  ch.  74.     P.  L.  L.,   (1888)  Art.  4,  sec.  129. 

80.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 


99 

visit  and  inspect  all  theatres,  hotels,  public  halls,  churches, 
school-houses  and  buildings  used  for  public  assemblages,  and 
all  manufactories  employing  twenty-five  or  more  persons,  now 
erected  or  that  mav  hereafter  be  erected  in  the  Citv  of  Balti- 
more  for  the  purpose  of  ascertaining  if  said  buildings  have  the 
proper  means  of  exit  in  case  of  fire  or  panic;  and  if,  on 
examination,  the  said  Inspector  of  Buildings,  shall  determine 
that  said  buildings,  as  herein  enumerated,  have  not  the  proper 
means  of  exit  for  the  purposes  herein  prescribed,  then  it  shall 
be  the  duty  of  the  said  Inspector  of  Buildings  to  notify  in 
writing,  the  owners,  trustees  or  lessees  of  said  buildings  that 
the  proper  means  of  exit  do  not  exist,  and  direct  the  said 
owners,  trustees  or  lessees  of  said  buildings,  as  herein  enumer- 
ated, to  so  improve  the  same  as  to  provide  the  proper  means 
of  exit,  in  case  of  fire  or  panic,  as  in  the  judgment  of  the  said 
Inspector  of  Buildings  he  may  deem  proper  and  necessary, 

1882,  ch.  74.     P.  L.  L.,   (1888)   Art.  4,  sec.  130. 

81.  If  any  person  having  been  notified,  as  provided  in  the 
preceding  section,  shall  fail  to  comply  with  said  notice,  he  shall, 
after  the  expiration  of  thirty  days  from  the  date  of  said  notice, 
forfeit  and  pay  a  fine  of  one  hundred  dollars  for  non-com- 
pliance therewith,  and  twenty-five  dollars  per  day  for  each 
and  every  day  thereafter  that  he  shall  refuse  to  make  such 
improvements  as  prescribed  in  the  notice  so  given,  as  provided 
in  the  preceding  section ;  said  fines  to  be  collected  as  other 
fines  are  collected  by  law. 

82.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 
enforce  the  execution  of  all  existing  or  hereafter  enacted  build- 
ing regulations  and  ordinances  relating  to  the  construction, 
alteration  and  removal  of  buildings,  or  other  structures,  walls 
or  parts  of  buildings  or  other  structures.  The  Inspector  of 
Buildings  shall  have  power  to  appoint  such  assistants  and 
subordinates,  clerks  and  employees  as  are  or  may  hereafter  be 
prescribed  by  ordinance,  and  fix  their  compensation,  not  to 
exceed  in  the  aggregate  the  amount  allowed  by  ordinance. 

COMMISSIONER  OF  STREET  CLEANING. 

83.  The  Commissioner  of  Street  Cleaning  shall  be  the  head 
of  the  fourth  sub-department  of  Public;  Safety.  He  shall  bo 
appointed  by  the  Mayor  in  the  mode  prescribed  in  section  Sf)  of 
this  Article,  and  hold  his  office  as  therein  provided.  lie  shall  be 
charged  with  the  duty  of  cleuTiing  tli(^  streets,  as  well   as  the 


100 

cleaning  of  the  sewers,  subject  as  to  the  latter  to  the  direction 
and  orders  of  the  City  Engineer ;  and  shall  perform  such  other 
duties  as  may  be  prescribed  by  ordinances  not  inconsistent  with 
this  Article.  He  shall  be  paid  a  salary  of  two  thousand  five 
hundred  dollars  per  annum,  payable  monthly.  The  Commis- 
sioner may  appoint  such  subordinates  as  his  department  shall 
require,  and  fix  their  compensation,  not  to  exceed  in  the 
aggregate  the  amount  appropriated  by  ordinance. 

DEPAKTMENT  OF  PUBLIC  IMPROVEMENTS. 

1914,  ch.  852. 

84.  There  shall  be  a  Department  of  Public  Improvements 
of  the  Mayor  and  City  Council  of  Baltimore,  the  head  of  which 
department  shall  be  the  Chief  Engineer  of  Baltimore,  who 
shall  be  appointed  by  the  Mayor  in'  the  mode  prescribed  in 
section  25  of  this  Article,  and  hold  his  office  as  therein  pro- 
vided, except  that  the  first  Chief  Engineer  who  shall  be  ap- 
pointed in  pursuance  of  this  Act  may  be  appointed  by  the 
Mayor  as  soon  after  the  passage  of  this  Act  as  to  him  may  seem 
proper,  to  hold  office  until  the  first  Monday  in  October,  1915. 
The  said  Chief  Engineer  of  Baltimore  shall  be  a  civil  engineer 
of  standing  in  his  profession  and  shall  have  been  in  active 
practice  and  have  had  responsible  charge  of  work  for  at  least 
five  years;  he  shall  have  supervision  of  all  engineering  ques- 
tions and  matters  connected  with  any  and  every  public  improve- 
ment in  Baltimore  City  or  elsewhere,  made  by  the  Mayor  and 
City  Council  of  Baltimore,  or  any  department,  board  or 
agency  thereof,  and  all  plans  and  specifications  for  all  such 
public  improvements  involving  any  engineering  question  or 
questions  shall  be  submitted  to  him  and  be  subject  to  his  ap- 
proval. He  shall  take  the  place  of  the  City  Engineer  as  Chief 
Engineer  of  the  Paving  Commission  and  shall  advise  the  Board 
of  Estimates  on  all  engineering  matters ;  he  shall  perform  such 
other  duties  as  may  be  imposed  upon  him  by  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore  or  by  the  Board  of 
Estimates  not  inconsistent  with  those  herein  specified ;  he  shall 
receive  a  salary  of  $4,500.00  per  annum,  payable  as  the 
salaries  of  other  city  officials,  subject,  however,  to  the  pro- 
visions of  section  36A  of  the  City  Charter;  he  shall  give  his 
whole  time  and  attention  to  the  duties  of  his  position,  and  shall 
not  accept  or  engage  in  any  other  employment  during  the  time  of 
holding  said  position,  except  by  the  previous  consent  of  the 
Board  of  Estimates  entered  upon  their  minutes.  The  organi- 
zation of  the  Department  of  Public  Improvements  shall  con- 


101 

sist  of  the  Chief  Engineer  of  Baltimore,  as  president,  and  of 
the  following  sub-departments : 

Highwaj^s  Engineer, 

Commission  on  City  Plan, 

Topographical  Survey  Commission, 

Sewerage  Commission, 

Paving  Commission, 

Annex  Improvement  Commission, 

Electrical  Commission, 

Water  Board, 

Harbor  Board, 

Inspector  of  Buildings, 

City  Surveyor. 

The  City  Surveyor,  under  the  direction  of  the  Chief  Engi- 
neer, shall  perform  such  duties  as  may  be  imposed  upon  him 
by  ordinance ;  he  shall  receive  as  compensation  for  the  discharge 
of  his  duties  the  sum  of  three  thousand  dollars  ($3,000.00)  per 
annum,  payable  as  the  salaries  of  other  city  officials  are  pay- 
able, which  shall  be  in  lieu  of  all  fees  or  emoluments  received 
by  him  which  have  been  heretofore  chargeable  to  the  city,  and 
all  fees  and  emoluments  which  he  may  receive  from  any*^  party 
other  than  the  city  shall  be  collected  by  him  and  turned  over  to 
the  Comptroller  and  credited  to  the  general  revenue  of  the  city. 

The  Highways  Engineer,  under  the  direction  of  the  Chief 
Engineer  of  Baltimore,  shall  perform  all  the  duties  heretofore 
performed,  or  required  by  any  law  to  be  performed,  by  the 
City  Engineer,  except  the  duties  of  the  Chief  Engineer  of  the 
Paving  Commission,  which  shall  be  performed  by  the  Chief 
Engineer  of  Baltimore. 

The  other  sub-departments  above  mentioned  shall  continue 
to  perform  the  duties  imposed  upon  them  by  law  as  heretofore, 
excepting  only  that  they  shall  be  subject  to  the  supervision  and 
direction  of  the  Chief  Engineer  of  Baltimore  as  lierein  pro- 
vided. He  shall  be  the  arbiter  of  all  questions  and  controversies 
that  may  arise  between  any  of  the  said  sub-departments  or  be- 
tween the  engineers  of  said  sub-departments,  and  his  decision 
shall  be  final.  He  shall  have  power  to  call  togetlier  for  consulta- 
tion, whenever  he  deems  it  advisable,  the  Highways  Engineer, 
the  Water  Engineer,  the  Harbor  Engineer,  tlie  City  Surveyor, 
and  the  Engineer  of  each  of  the  other  sub-departments  above 
mentioned,  or  the  chief  engineer  of  any  of  said  snb-dopartmonts 
having  more  than  one  engineer.  Upon  re(inest  of  any  sub- 
department,  or  the  head  or  engineer  thereof,  or  any  other  party 
in  interest,  he  shall  call  together  the  engineers  above  mentioned 


102 

to  discuss  and  give  their  opinions  upon  any  engineering  ques- 
tion that  may  arise  or  be  presented  for  his  determination ;  and, 
in  the  event  of  any  controversy  between  any  of  the  sub-depart- 
ments or  the  engineers  thereof,  he  shall  give  opportunity  to 
both  sides  to  be  heard  before  said  board  of  engineers ;  but  after 
such  hearing,  and  after  hearing  the  opinions  of  said  engineers, 
the  decision  of  the  matter  shall  be  made  by  the  said  Chief  Engi- 
neer. Whenever,  because  of  sickness,  temporary  absence  from 
the  city,  or  other  disability,  or  under  the  stress  of  conflicting 
engagements  or  other  reasonable  necessity,  the  Chief  Engineer 
of  Baltimore  shall  be  unable  to  discharge  any  duties  or  exercise 
any  power  imposed  or  conferred  upon  him  in  person  in  his 
primary  capacity  as  Chief  Engineer  of  Baltimore,  by  law  or 
ordinance,  he  shall  be  and  is  hereby  authorized  to  delegate  in 
writing,  subject  to  the  approval  of  the  Mayor,  the  discharge  of 
such  duty  or  the  exercise  of  such  power  to  such  one  or  more  of 
his  chief  subordinates  as  he  may  select. 

There  shall  be  connected  with  said  Department  of  Public 
Improvements  a  Board  of  Public  Improvements,  composed  of 
the  Chief  Engineer  of  Baltimore,  the  Highways  Engineer,  the 
Water  Engineer,  the  Harbor  Engineer,  and  the  Inspector  of 
Buildings.  This  Board  shall  be  for  consultation  and  advice.  It 
shall  have  no  power  to  direct  or  control  the  duties  or  the  work 
of  any  sub-department  under  this  Department,  It  shall  per- 
form such  other  duties  as  may  be  required  of  it  by  ordinances 
not  inconsistent  with  this  Article. 

85.  When  any  ordinance  for  a  public  improvement,  not 
included  in  the  ordinance  of  estimates  furnished  by  the  Board 
of  Estimates  under  the  provisions  of  this  Article,  exceeding 
in  cost  the  sum  of  two  thousand  dollars  has  passed  its  first 
reading  in  the  Branch  of  the  City  Council  in  which  it  origi- 
nates, it  shall  be  referred  to  the  Board  of  Public  Improvements 
for  an  opinion,  in  writing,  as  to  its  advisability  and  whether 
the  wants  of  the  city  actually  require  such  an  improvement,  and 
by  the  last-named  Board  with  such  opinion  attached  to  said 
ordinance  it  shall  be  sent  to  the  Board  of  Estimates  for  its 
opinion,  in  writing,  as  to  the  probable  cost  of  the  same  and 
whether  the  financial  condition  of  the  city  will  justify  such  an 
expenditure.  "No  further  action  with  regard  to  said  ordinance 
shall  be  taken  by  the  City  Council  until  such  reports  have  been 
made  and  submitted  to  both  Branches  of  the  City  Council  and 
read  and  entered  on  the  respective  journals  of  said  Branches. 
It  shall  be  the  duty  of  both  of  the  said  Boards  to  promptly  make 


103 


the  said  reports  and  the  Board  of  Estimates  shall  return  the 
same  attached  to  said  ordinance  to  the  City  Council. 
Baltimore  City  v.  Gorter,  93  Md.  13. 

HIGHWAYS  El^GINEER. 

1906,  ch.  459.     1914,  ch.  852. 

86.  The  Highways  Engineer,  who  shall  be  the  head  of  the 
first  sub-department  of  Public  Improvements,  shall  be  ap- 
pointed by  the  Mayor  in  the  mode  prescribed  in  section  25  of 
this  Article,  and  hold  his  office  as  therein  provided.  He  shall 
have  control  and  supervision  of  the  streets,  highways,  lanes  and 
alleys  of  the  City  of  Baltimore,  both  as  to  their  construction, 
paving  and  curbing.  He  shall  construct  all  sewers,  unless 
otherwise  provided  by  ordinance  of  the  City  Council  or  Act  of 
the  Legislature.  He  shall  be  a  civil  engineer  in  the  active 
practice  of  his  profession  for  five  years,  and  one  who  has  had 
responsible  charge  of  work  for  at  least  that  length  of  time.  He 
shall  perform  all  the  duties  heretofore  performed  by  the  City 
Engineer,  unless  otherwise  provided  in  this  Article.  He  shaU 
receive  a  salary  of  forty-five  hundred  dollars  ($4,500.00)  per 
annum,  payable  monthly,  and  perform  such  other  duties  as  may 
be  prescribed  by  ordinances  not  inconsistent  with  this  Article. 
He  shall  have  power  to  appoint  such  subordinates  as  he  may 
require,  and  fix  their  compensation,  not,  however,  to  exceed  in 
number  or  compensation  the  limits  fixed  by  ordinance  (pro- 
vided, however,  that  nothing  in  this  Act  contained  shall  be  con- 
strued to  in  any  wise  impair  or  modify  the  powers  conferred 
upon  the  Sewerage  Commission  created  under  the  provisions  of 
Chapter  349  of  the  Acts  of  1004). 

86A.     Ptcpealed  by  Act  of  1914,  ch.  852. 
PKOTECTION   OF   IMPEOVED   PAVEMENTS. 

1906,  ch.  798. 

86B.  Whenever  any  of  the  streets,  lanes  or  alleys  of  the 
City  of  Baltimore  are  to  be  paved  or  repaved  with  any  new  or 
improved  pavements,  the  City  Engineer  before  said  paving  or 
repaving  is  proceeded  with  shall  cause  a  notice  to  be  inserted 
in  two  daily  newspapers  published  in  the  City  of  Baltimore, 
once  a  week  for  four  successive  weeks,  notifying  all  persons  and 
corporations  that  upon  the  expiration  of  a  day  to  be  named  in 
said  notice,  said  day  not  to  be  less  than  six  weeks  from  the  date 
of  the  first  insertion  of  said  notice,  he  will  proceed  witli  said 
paving  or  repaving  and  warning  said  persons  and  corporations  to 


104 

obtain  permits  for  and  to  complete  all  work  that  might  in  any 
way  necessitate  the  digging  or  tearing  up  of  the  said  street, 
lane  or  alley,  or  any  part  thereof  when  so  paved  or  repaved, 
before  said  day,  and  written  or  printed  notices  of  like  tenor 
and  effect  shall  likewise  at  least  four  weeks  before  the  expira- 
tion of  said  day,  be  served  by  the  City  Engineer,  or  on  his  be- 
half, upon  all  persons  or  corporations  that  he  may  suppose  to 
be  interested  in  receiving  such  notices ;  provided,  however,  that 
the  service  of  such  last  mentioned  notices  shall  not  be  so  con- 
strued as  to  be  one  of  the  prerequisites  to  the  validity  of  the 
proceedings  by  the  city  under  this  and  the  succeeding  section 
of  this  Article. 

1906,  ch.  798. 

86C.  The  said  pavement  or  repavement  when  thereafter 
laid  shall  in  no  event  be  dug  or  torn  up  in  whole  or  in  part  at 
the  instance  of  or  by  any  person  or  corporation,  unless  in  the 
case  of  some  special  emergency  that  could  not  under  the  cir- 
cumstances be  reasonably  expected  to  have  been  foreseen  by  said 
person  or  corporation,  except  upon  a  permit  obtained  therefor, 
signed  and  issued  by  the  Mayor  and  City  Engineer,  jointly, 
which  said  permit  said  Mayor  and  City  Engineer  are  expressly 
empowered  in  their  absolute  discretion  to  issue  or  withhold  as 
the  circumstances  may  appear  to  them  to  warrant.  In  case  the 
said  Mayor  and  City  Engineer  determine  to  issue  said  permit, 
they  may  attach  such  conditions  and  terms  thereto  as  they  may 
deem  right  and  proper. 

1912,  ch.  429. 

86D.  The  City  Engineer  shall  be  the  Chief  Engineer,  and 
after  the  Sewerage  Commission  shall  have  completed  the  sewer- 
age system,  under  all  Acts  of  the  General  Assembly  of  Mary- 
land, and  shall  have  turned  the  same  over  to  the  Mayor  and 
City  Council  of  Baltimore,  as  therein  provided,  the  City  Engi- 
neer shall  have  charge  of  the  maintenance  and  extension  of  the 
sewerage  system. 

WATER  BOARD. 

87.  The  Water  Board  shall  be  the  head  of  the  second  sub- 
department  of  Public  Improvements,  and  shall  have  chai-ge  of 
the  water  supply  to  the  inhabitants  of  the  City  of  Baltimore, 
and  shall  consist  of  five  persons  appointed  by  the  Mayor  in  the 
manner  prescribed  in  section  25  of  this  Article,  and  hold  their 
offices  as  therein  provided.     One  of  said  five  persons,  who  shall 


105 

be  the  President  of  said  Board  and  knoA\Ti  as  the  Water  Engi- 
neer, and  so  named  by  the  Mayor,  shall  be  a  civil  engineer  in  the 
active  practice  of  his  profession  for  five  years,  and  who  has  had 
responsible  charge  of  work  for  at  least  that  period  of  time.  The 
Water  Engineer  shall  receive  a- salary  of  four  thousand  dollars 
per  annum,  payable  monthly,  and  the  other  members  of  said 
Board  shall  serve  without  pay.  All  subordinates  employed  in 
said  sub-department  shall  be  appointed  by  the  Water  Engineer, 
subject  to  the  approval  of  said  Board ;  he  shall  fix  their  compen- 
sation not  to  exceed  in  the  aggregate  the  amount  appropriated  by 
ordinance.  The  Water  Engineer  and  Water  Board  shall  per- 
form such  other  duties  as  now  or  may  hereafter  be  prescribed 
by  ordinances  not  inconsistent  with  this  Article. 

1904,  ch.  364. 

87A.  The  Water  Board  shall  have  such  power  and  authority 
with  reference  to  the  assessing  and  establishing  of  rates  either 
by  meter,  fixed  charge  or  otherwise,  for  the  supply  and  use  of 
water  for  any  purpose  and  at  any  point  in  Baltimore  City  and 
County,  as  may  be  delegated  by  said  Board  by  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore;  payments  of  said  rates 
to  be  enforced  as  now  provided  by  law ;  and  the  said  Water 
Board  shall  also  have  such  power  and  authority  with  reference 
to  the  abatement  of  water  rates  as  may  be  delegated  to  them  by 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore. 

IIAEBOR  BOARD. 

1908,  ch.  170. 

38.  The  Harbor  Board  shall  be  the  head  of  the  third  sub- 
department  of  Public  Improvements,  which  shall  have  charge  of 
the  harbor,  wharves  and  navigable  waters,  including  bridges 
over  same,  in  and  adjacent  to  the  City  of  Baltimore.  It  shall 
consist  of  five  persons  appointed  by  the  Mayor  in  the  manner 
prescribed  in  section  25  of  this  Article,  who  shall  hold  tlieir 
offices  as  therein  provided.  One  of  said  five  persons,  who  shall 
be  the  president  of  said  board,  and  known  as  the  Harbor  Engi- 
neer, and  so  named  by  the  Mayor,  shall  be  a  civil  engineer  in 
the  active  practice  of  his  profession  for  five  years,  and  who  has 
had  responsible  charge  of  work  for  at  least  tliat  period  of  time. 
Tlio  Harbor  Engineer  shall  receive  a  siilnry  of  four  tlioiisnnd 
dollars  per  annum,  payable  monthly,  and  the  other  members  of 
said  board  shall  serve  without  pay.  All  subordinates  employed 
in  said  sub-department  shall  be  appointed  by  the  Harbor  Engi- 
neer, subject  to  the  approval  of  said  board;  he  shall  fix  their 


106 

compensation,  not  to  exceed  in  the  aggregate  the  amount  appro- 
priated by  ordinance.  The  Harbor  Engineer  and  Harbor  Board 
shall  perform  such  other  duties  as  may  hereafter  be  prescribed 
by  ordinances  not  inconsistent  with  this  Article. 

INSPECTOE  OF  BUILDINGS. 

89.  The  Inspector  of  Buildings  shall  be  the  head  of  the 
fourth  sub-department  of  Public  Improvements,  and  shall  be 
the  same  officer  whose  appointment  is  provided  for  herein  in 
the  Department  of  Public  Safety.  The  duties  he  shall  perform 
in  this  department  and  sub-department  shall  be  the  superin- 
tendence of  the  construction  and  repairing  of  all  buildings  built 
by  the  city,  unless  otherwise  provided  by  ordinances.  He  shall 
receive  no  additional  pay  for  his  services  rendered  in  this  de- 
partmtot.  Pie  shall  perform  such  other  duties  in  this  depart- 
ment as  may  be  required  of  him  by  ordinances  not  inconsistent 
with  this  Article. 

DEPARTMENT  OF  PUBLIC  PARKS  AND  SQUARES. 

1906,  ch.  416. 

90.  There  shall  be  a  Department  of  Public  Parks  and 
Squares  of  the  Mayor  and  City  Council  of  Baltimore,  the  head 
of  said  department  shall  consist  of  a  Board  of  Park  Commis- 
sioners composed  of  five  members  to  serve  without  pay,  ap- 
pointed by  the  Mayor  in  the  manner  prescribed  in  section  25  of 
this  Article,  one  of  whom  shall  be  the  President  thereof,  and 
shall  be  so  designated  by  the  Mayor.  Their  term  of  office  shall 
be  five  years,  one  of  them  to  retire  at  the  end  of  every  year  at 
which  time  his  successor  shall  be  appointed.  The  present  Board 
shall  determine  by  lots  their  terms  of  office  so  as  to  provide  for 
the  retirement  of  one  of  its  members  on  the  first  Monday  in 
October  in  the  vear  1906,  and  one  at  the  end  of  each  vear 
thereafter  succeeding;  provided,  however,  that  none  of  the 
present  Board  shall  serve  for  a  longer  term  than  five  years, 
unless  reappointed ;  said  Board  shall  elect  a  secretary,  who  shall 
be  paid  a  salary  of  one  thousand  five  hundred  dollars  ($1,500) 
per  annum,  payable  monthly,  and  he  shall  be  the  clerk  of  said 
Board,  and  shall  perform  such  duties  as  may  be  prescribed  by 
said  Board.  The  said  Board  shall  perform  such  other  duties  as 
may  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article. 

1906,  ch.  416. 

91.  The  Board  of  Park  Commissioners  shall  have  charge 


107 

and  control  of  all  public  parks,  squares,  boulevards  leading  to 
parks,  springs  and  monuments  belonging  to  and  controlled  by 
or  in  the  custody  of  the  Mayor  and  City  Council  of  Baltimore ; 
and  it  shall  have  power  and  authority  to  rent  or  lease  property, 
which  it  may  acquire  on  behalf  of  the  city,  whether  by  purchase, 
condemnation  or  otherwise,  at  such  reasonable  rentals,  and  for 
such  terms  as  to  the  said  Board  may  seem  proper. 

1862,  ch.  29.     P.  L.  L.,   (188S)   Art.  4,  sec.  706. 

92.  The  Board  of  Park  Commissioners  shall  have  power 
from  time  to  time  to  make  such  rules  and  regulations  for  the 
government  and  preservation  of  order  within  the  parks,  squares, 
springs  and  monuments  belonging  to,  controlled  by,  or  in  tlie 
custody  of  the  Mayor  and  City  Council  of  Baltimore,  as  it  may 
deem  expedient.  To  carry  out  such  regulations,  lines  not 
exceeding  in  any  one  case  one  hundred  dollars  shall  be  imposed 
for  breaches  of  said  rules  and  regulations,  which  fines  shall  be 
recoverable  as  other  fines  are  in  the  name  of  the  city,  and  said 
amounts  so  recovered  shall  be  used  and  appropriated  to  the 
purposes  of  the  Board  of  Park  Commissioners. 

1876,  ch.  40.    P.  L.  L.,  (1888)  Art.  4,  sec.  707.    1902,  ch.  92.  1906,  ch.  416. 

93.  The  Board  of  Park  Commissioners  is  authorized  and 
empowered  to  regulate  the  speed  of  vehicles  and  equestrians 
within  one  mile  of  the  approach  and  within  the  limits  of  said 
parks  and  squares,  and  to  impose  the  fines  provided  for  in  the 
preceding  section  for  the  violation  of  any  regulations  it  may 
establish  in  this  connection,  to  be  recovered  as  therein  provided; 
but  the  said  Board  of  Park  Commissioners  shall  have  no  author- 
ity to  pass  any  rule  or  regulation  excluding  private  automobiles 
from  the  free  use  of  the  parks,  squares  and  roadways  under  its 
control,  nor  shall  the  said  Board  of  Park  Commissioners  have 
authority  to  pass  any  rvde  or  regulation  requiring  vehicles, 
equestrians  or  automobiles  to  travel  at  a  slower  rate  of  speed 
tlian  six  miles  per  hour.  The  said  Board  shall  also  have  power 
and  authority  to  admit  into  the  parks,  squares  and  boulevards 
under  its  control,  public  conveyances,  whether  automobiles, 
wagons,  or  any  other  kind  of  vehicles,  upon  such  terms  and 
conditions  as  to  charges  and  otherwise,  as  to  the  said  Board  may 
seem  proper. 

1908,  ch.  106. 

93A.  The  Board  of  Park  Commissioners  is  authorized  and 
empowered  to  establish  athletic  fields  and  plnygrounds  in  the 
public  parks  of  Baltimore  City  for  the  use  of  the  students  of 


108 

the  public  schools  of  said  city,  and  to  designate  the  grades  and 
classes  of  students  who  shall  use  the  different  playgrounds 
which  may  be  so  established,  and  to  prescribe  rules  and  regula- 
tions for  the  use  thereof,  and  for  the  exclusion  under  reason- 
able conditions  of  other  persons  therefrom. 

1862,  ch.  29.     P.  L.  L.,   (1888)  Art.  4,  sec.  708. 

94.  The  several  members  of  the  said  Board  of  Park  Com- 
missioners shall  have  the  power  of  conservators  of  the  peace 
within  the  limits  of  said  parks  and  squares. 

1862,  ch.  29.     P.  L.  L.,   (1888)  Art.  4,  sec.  709. 

95.  The  Board  of  Police  Commissioners  of  Baltimore  City 
is  directed  at  the  request  of  the  Board  of  Park  Commissioners 
to  detail  from  time  to  time  such  of  the  regular  police  force  of 
said  city  as  the  said  Board  of  Park  Commissioners  may  deem 
necessary  for  the  preservation  of  order  within  said  parks  and 
squares,  according  to  the  regulations  aforesaid,  which  policemen 
shall  be  under  the  direction  of  said  Board  of  Park  Commis- 
sioners, and  shall  have  the  same  power  in  said  parks  and  squares 
that  the  Police  of  the  City  of  Baltimore  have  as  conservators  of 
the  peace  in  Baltimore  City  or  elsewhere. 

Upshur  V.  Baltimore  City,  94  Md.  743. 

1876,  ch.  344.    P.  L.  L.,  (1888)  Art.  4,  sec.  712. 

96.  In  addition  to  the  powers  now  or  hereafter  conferred 
upon  the  Board  of  Park  Commissioners,  it  is  authorized  to  form 
zoological  collections  within  the  limits  of  said  parks  or  squares 
by  the  purchase  and  collection  of  live,  wild  or  other  animals, 
for  the  purpose  of  public  exhibition. 

1876,  ch.  344.     P.  L.  L.,   (1888)  Art.  4,  sec.  717. 

97.  The  said  Board  of  Park  Commissioners  shall  have  full 
power  to  employ  and  compensate  all  persons  whom,  in  its  judg- 
ment, it  may  deem  proper,  in  maintaining  and  supporting  such 
parks,  squares,  springs  and  monuments,  or  any  other  building, 
collection,  garden  or  reservation  provided  for  in  this  Article. 
The  distribution  of  the  park  fund  for  the  maintenance  of  the 
different  parks  and  squares  shall  be  made  by  the  Park  Com- 
missioners. 

Addition  made  by  Act  of  1900,  ch.  109,  omitted  in  pursuance  of  M.  & 
C.  C.  V.  Williams,  124  Md.  502. 


109 

1SS6,  cb.  354.     P.  L.  L.,   (1888)  Art.  4,  sec.  719. 

98.  The  night  watchmen  employed  by  the  Board  of  Park 
Commissioners  shall  have,  while  on  duty,  the  same  power  that 
police  in  said  city  have  as  conservators  of  the  peace. 

1908,  ch.  147. 

98a.  That  the  jurisdiction  of  the  Board  of  Park  Conmiis- 
sioners  of  the  City  of  Baltimore  be  and  the  same  is  hereby  ex- 
tended over  the  sidewalks  which -border  on  Harlem  Park,  in 
said  city,  on  all  sides  of  said  park  to  the  curb  lines  of  said  side- 
walks, as  now  established. 

1910,  ch.  142. 

98b.  That  the  jurisdiction  of  the  Board  of  Park  Commis- 
sioners of  the  City  of  Baltimore  be,  and  the  same  is  hereby,  ex- 
tended over  the  sidewalks  which  border  on  Collington  Square, 
or  Park,  in  said  city,  on  all  sides  of  said  square,  or  park,  to 
the  curb  lines  of  said  sidewalks,  as  now  established. 

DEPAKTME:t^T  OF  EDUCATIOT^T. 

1906,  ch.  107. 

99.  There  shall  be  a  Department  of  Education  of  the  Mayor 
and  City  Council  of  Baltimore.  The  head  of  said  department 
shall  consist  of  a  Board  of  School  Commissioners  composed  of 
nine  persons,  who  shall  serve  without  pay,  and  who  shall  be 
appointed  by  the  ]\[ayor  in  the  mode  prescribed  in  section  25  of 
this  Article,  and  removable  as  therein  provided.  One  of  said 
Commissioners  shall  be  President  of  said  Board  and  so  desig- 
nated by  the  Mayor  when  appointed.  Their  term  of  office  shall 
be  six  years,  three  of  them  to  retire  at  the  end  of  every  two 
years.  The  Board  first  appointed  shall  determine  by  lot  their 
term  of  office,  so  as  to  provide  for  the  retirement  in  tlu^  suc- 
ceeding two  and  four  years  of  three  of  their  number.  The 
members  of  said  Board  shall  be  residents  of  the  City  of  Balti- 
more for  at  least  one  year,  citizens  of  the  State  of  Maryland 
for  at  least  five  years  prior  to  their  appointment.  The  members 
of  said  Board  shall  be  chosen  by  the  Mayor  from  among  those 
he  deems  most  capable  of  promoting  the  interest  of  public 
education  by  reason  of  their  intelligence,  character,  education  or 
business  habits.  In  the  selection  of  members  of  said  Board  and 
in  their  action  in  the  administration  of  the  public  schools, 
ecclesiastical  and  party  ties  shall  not  be  regarded,  so  that  tlie 
public  schools  may  be  entirely  out  of  the  field  of  political  and 


110 

religious  differences  and  controversies.  The  said  Board  shall 
confirm  or  reject  all  nominations  of  teachers  made  to  it,  as 
hereinafter  provided  by  the  Superintendent  of  Public  Instruc- 
tion and  his  assistants.  It  shall  not  confirm  the  appointment  of 
any  teacher  whose  name  does  not  appear  upon  the  graded  list, 
hereinafter  provided  for.  All  oificers,  secretaries,  clerks  and 
employees  shall  be  appointed  by  said  Board,  and  may  be  re- 
moved by  it  at  pleasure,  and  any  teacher  may  be  removed  by 
said  Board  on  the  recommendation  of  the  Superintendent  of 
Public  Instruction  after  charges  preferred  and  trial  had.  The 
salary  of  all  officers,  teachers,  secretaries,  clerks  and  employees 
shall  be  fixed  by  said  Board,  not  to  exceed  in  the  aggregate  the 
amount  appropriated  by  ordinance.  Whenever  the  construction 
of  a  new  schoolhouse  or  the  enlargement  and  repairs  of  an  old 
schoolhouse  is  authorized,  the  instructions  of  the  Board  of 
School  Commissioners  shall  be  regarded  by  the  Inspector  of 
Buildings  in  the  preparation  of  his  plans,  and  no  plans  shall  be 
finally  adopted  without  the  concurrence  of  said  Board.  All 
text-books,  stationery  and  furniture  required  for  the  public 
schools  shall  be  purchased  by  the  said  Board;  subject  to  the 
provisions  of  sections  14  and  15  of  this  Article. 

In  reference  to  powers  of  Board  of  School  Commissioners,  see:  School 
Commrs.  of  Balto.  v.  State  Board  of  Education,  26  Md.  512.  Weddle  v. 
Board  School  Commrs.,  94  Md.  334. 

Power,  School  Commissioners — appointment  teachers. 
Semmes,  et  al.  v.  Rowland,  114  Md.  260. 

Members  of  the  School  Board  are  not  liable  for  their  official  acts, 
unless  they  "do  wrong  wilfully,  fraudulently  and  corruptly." 
Roschen  v.  School  Commissioners,  116  Md.  42,  49. 

Trial  must  be  upon  sufficient  charges— it  seems  teacher  on  trial  en- 
titled to  be  represented  by  counsel. 

Riggs  V.  Green,  118  Md.  219. 

100.  The  said  Board  shall  appoint  the  principal,  professors, 
tutors  and  instructors  of  the  City  College,  the  principals,  tutors 
and  instructors  of  the  Polytechnic  Institutes,  and  of  the  High 
Schools.  It  shall  also  appoint  a  Superintendent  of  Public 
Instruction  and  one  or  more  Assistant  Superintendents  of 
Public  Instruction,  one  of  whom  shall  be  the  First  Assistant, 
and  shall  act  as  Superintendent  of  Public  Instruction  if  that 
officer  is  disabled.  The  said  Superintendents  shall  all  be  per- 
sons of  education  and  experience  in  the  management  of  schools, 
and  they  shall  not  be  less  than  twenty-five  years  of  age,  at  the 
time  of  their  appointment,  and  shall  discharge  the  duties  herein 
prescribed  and  such  other  duties  as  the  said  Bcfard  may  direct. 
In  order  to  secure  the  continuance  of  local  interest  in   and 


Ill 

oversight  of  the  public  schools,  there  shall  be  appointed  an- 
nually by  said  Board  such  number  of  unpaid  School  Visitors 
as  may  be  found  requisite.  One  or  more  of  these  visitors  shall 
be  assigned  to  every  school,  and  every  visitor  so  assig-ned  shall 
be  a  resident  or  engaged  in  business  within  half  mile  of  the 
school  to  which  he  or  she  is  assigned,  so  that  the  parents  and 
inhabitants  of  every  neighborhood  may  have  easy  access  to  an 
official  of  the  public  schools.  The  said  visitors  shall  perform 
the  duties  hereinafter  prescribed,  and  such  other  duties  as  the 
said  Board  may  direct.  The  said  Board  may  also  appoint  a 
supervisor  of  the  heating,  plumbing  and  ventilation  of  school 
buildings,  to  be  known  as  Supervisor  of  School  Buildings,  who 
shall,  in  addition  to  the  supervision  of  school  buildings  in  re- 
spect to  their  heating,  plumbing  and  ventilating,  perform  such 

other  duties  as  the  Board  may  direct. 

Baltimore  City  v.  Lyman,  92  Md.  611. 

SUPERINTENDENT   AND   ASSISTANT    SUPERIN- 
TENDENTS  OF   PUBLIC   INSTRUCTION. 

101.  The  duties  of  the  Superintendent  of  Public  Instruc- 
tion and  Assistant  Superintendents  of  Public  Instruction  shall 
include  the  examination  of  teachers  and  their  nomination  to  the 
Board  of  School  Commissioners  for  appointment  or  promotion, 
and  the  supervision  of  schools,  and  the  study  and  suggestion  of 
methods  by  which  the  public  school  system  of  the  City  of  Balti- 
more may  be  maintained  and  improved.  They  shall  hold  regu- 
lar meetings  as  a  Board  of  Superintendents  of  Public  Instruc- 
tion and  keep  a  record  of  the  same,  which  shall  be  submitted  to 
the  Board  of  School  Commissioners.  For  the  work  of  super- 
vision and  examination,  standing  committees  shall  be  desig- 
nated by  the  Superintendent  of  Public  Instruction  annually. 
Of  every  such  committee,  the  Superintendent  of  Public  Instruc- 
tion or  the  First  Assistant  Superintendent  of  Public  Instruc- 
iton,  or  both,  shall  be  members  ex  officio,  and  the  number  of 
additional  members  shall  be  determined  from  time  to  time,  as 
circumstances  may  require.  Every  school  shall  be  visited  at 
frequent  intervals  by  the  Superintendent  of  Public  Instruction 
or  one  of  the  Assistant  Superintendents  of  Public  Instruction, 
and  written  reports  on  its  condition  shall  be  filed  in  the  office 
of  the  Superintendent  of  Public  Instruction,  with  such  recom- 
mendations as  circumstances  may  call  for.  It  shall  be  the  duty 
of  the  Superintendent  of  Public  Instruction  and  his  Assistants, 
to  devote  their  services  exclusively  to  the  public  schools  under 
such  regulations  as  the  Board  of  School  Commissioners  nia_\ 


112 

prescribe.  It  shall  be  the  duty  of  the  said  Superintendent  of 
Public  Instruction,  with  the  aid  of  the  Supervisor  of  School 
Buildings,  to  ascertain  the  sanitary  condition  of  every  school, 
and  to  report  to  the  proper  authorities  what  repairs  or  improve- 
ments are  necessary.  It  shall  be  the  duty  of  the  Superin- 
tendent of  Public  Instruction  and  his  Assistants,  as  examiners, 
to  ascertain,  by  appropriate  committees,  appointed  as  herein- 
before provided,  the  training,  knowledge,  aptness  for  teaching, 
and  character  of  every  future  candidate  for  the  place  of  a 
teacher,  and  to  report  to  the  Board  of  School  Commissioners 
graded  lists  of  those  whom  they  deem  qualified  for  appointment, 
from  which  graded  lists  all  nominations  of  teachers  shall  be 
made  by  the  Superintendent  of  Public  Instruction  and  his 
Assistants  to  the  Board  of  School  Commissioners.  All  such 
nominations  of  teachers  shall  be  made  in  the  order  in  which  the 
names  of  the  nominees  appear  upon  such  graded  lists.  In  the 
preparation  of  these  graded  lists,  the  Superintendent  of  Public 
Instruction  and  his  Assistants  shall  ascertain  by  competitive 
examinations  the  relative  qualifications  of  those  candidates  who 
desire  appointment,  and  shall  place  the  names  of  the  accepted 
candidates  upon  said  graded  Jists  in  the  order  of  their  relative 
qualifications,  so  ascertained  by  such  competitive  examination. 
It  shall  be  their  duty  to  advise  the  Board  of  School  Commis- 
sioners whenever  called  upon,  or  whenever  they  think  it  impor- 
tant, in  respect  to  the  course  of  studies,  text-books  or  methods 
of  instruction.  Wlienever  the  Superintendent  of  Public  Instruc- 
tion and  his  Assistants  are  in  doubt  what  course  to  pursue,  tbey 
shall  ask  instructions  from  the  Board  of  School  Commissioners, 
to  whom  they  may  present  a  majority  and  minority  report,  and 
the  decision  of  the  Board  of  School  Commissioners  shall  be 
final.  The  Superintendent  of  Public  Instruction  and  his 
Assistants  shall  perform  such  other  duties  as  may  be  prescribed 
by  order  of  the  Board  of  School  Commissioners  not  inconsistent 
with  this  Article. 

Baltimore  City  v.  Lyman,  92  Md.  591. 

102,  It  shall  be  the  duty  of  the  School  Visitors,  hereinbefore 
provided  for,  to  visit  the  schools  to  which  they  are  assigned,  and 
to  report  upon  their  condition  at  least  once  in  every  quarter, 
and  oftener  if  they  think  it  desirable.  In  case  of  an  emergency 
requiring  attention,  they  shall  immediately  notify  the  Superin- 
tendent of  Public  Instruction.  The  said  School  Visitors  may 
be  called  together  by  the  Board  of  School  Commissioners  or  the 
Superintendent  of  Public  Instruction  whenever  the  interests  of 
the  schools  require  it,  or  whenever  it  is  thought  important  for 


113 

the  office  of  a  visitor  to  be  defined,  the  organization  of  the  school 
system  to  be  considered  and  the  characteristics  of  a  good  school 
to  be  clearly,  stated  to  them.  They  shall  perform  such  other 
duties  as  the  Board  of  School  Commissioners  may  prescribe, 
not  inconsistent  with  this  Article. 

190S,  ch.  TS. 

102A.  There  shall  be  a  board  to  be  known  as  the  board  of 
trustees  of  the  Teachers'  Retirement  Fund  of  Baltimore  City, 
to  be  composed  of  seven  persons,  who  shall  serve  without  com- 
pensation for  their  duties  as  members  of  said  board.  The  said 
board  of  trustees  shall  be  composed  of  the  City  Comptroller,  the 
Superintendent  of  Public  Instruction,  two  members  of  the 
Board  of  School  Commissioners,  to  be  elected  by  said  Board  of 
School  Commissioners  annually  in  the  month  of  November,  be- 
ginning in  the  year  1909,  and  the  members  so  elected  shall  be- 
come members  of  said  board  of  trustees  on  the  fifteenth  day  of 
January  next  following  the  date  of  their  election,  provided  that 
as  soon  as  practicable  after  the  passage  of  this  Act,  the  Board 
of  School  Commissioners  shall  elect  two  of  its  members  to  serve 
as  members  of  the  said  board  of  trustees  until  the  members 
elected  in  November,  1909,  shall  become  members  of  said  board 
of  trustees ;  aud  three  members  of  the  teaching  force  of  Balti- 
more city,  who  shall  be  elected  in  the  following  manner:  On 
the  third  IMonday  of  November  in  each  year,  beginning  in  the 
year  1909,  the  members  of  the  teaching  force  of  Baltimore  City 
shall  deposit  with  the  said  Board  of  Trustees  a  sealed  ballot 
containing  the  names  of  three  teachers  representing  his  or  lier 
choice  for  membership  of  the  said  board  of  trustees.  The 
Board  of  Trustees  shall  examine  said  ballots  and  ffive  to  each 
teacher  receiving  a  vote  credit  therefor,  and  the  three  teachers 
receiving  the  highest  number  of  votes  under  the  said  ballots 
shall  become  members  of  the  said  Board  of  Trustees  on  the 
fifteenth  day  of  January  next  following  the  date  of  their  elec- 
tion. The  Board  of  Trustees  shall  publicly  announce  the  result 
of  said  election  not  later  than  the  fifteenth  day  of  December 
next  following  the  date  said  ballots  were  deposited ;  provided, 
however,  that  on  the  third  Monday  of  May,  1908,  three  mem- 
bers of  the  teachiug  force  of  Baltimore  City  shall  be  elected  in 
the  manner  provided,  except  the  said  ballots  shnll  bo  deposited 
with  the  Board  of  School  Commissioners,  which  Board  shall 
examine  such  ballots  and  give  to  each  voter  receiving  a  vote 
credit  Iherefor,  and  the  three  teachers  receiving  the  highest 
number  of  votes  under  said  ballots  shall  be  members  of  said 
Board  of  Triistcos  until  tlic  nicinbers  elected  in  the  year  1909 


114 

shall  become  members  of  said  Board  of  Trustees.  The  Board 
of  School  Commissioners  shall  publicly  announce  the  result  of 
said  election  not  later  than  June  15,  1908.  As  soon  as  practi- 
cable after  the  passage  of  this  Act  the  City  Comptroller  shall 
call  a  meeting  of  said  Board  of  Trustees. 

1908,  ch.  78. 

102B.  The  members  of  the  said  Board  of  Trustees  shall 
hold  office  until  their  successors  are  elected  and  become  mem- 
bers as  provided  by  the  preceding  section.  In  case  of  a  vacancy 
in  said  Board  of  Trustees  by  reason  of  death,  resignation,  or 
through  any  other  cause,  of  a  member  of  the  teaching  force,  the 
Board  of  Trustees  shall  elect  a  member  of  said  teaching  force 
as  a  member  of  said  Board  of  Trustees  for  the  unexpired  term 
of  the  person  who  has  caused  to  be  such ;  in  case  of  a  vacancy 
on  said  Board  of  Trustees  by  reason  of  death,  resignation  or 
through  any  other  cause,  of  a  member  of  the  Board  of  School 
Commissioners,  the  said  Board  of  School  Commissioners  shall 
forthwith  elect  one  of  its  members  as  a  member  of  said  Board 
of  Trustees  for  the  unexpired  term  of  the  person  who  has 
ceased  to  be  such. 

1908,  ch.  78. 

102C.  A  majority  of  said  Board  of  Trustees  shall  consti- 
tute a  quorum  for  the  transaction  of  all  business,  and  the  said 
Board  shall  have  full  power  to  make  and  enforce  all  by-laws, 
rules  and  orders  that  it  may  deem  necessary  or  appropriate  to 
carry  out  the  purposes  of  this  Act,  and  said  Board  of  Trustees 
may  take  by  gift,  grant,  devise  or  bequest,  any  money,  personal 
property,  real  estate  or  any  interest  therein,  and  any  such  gift, 
grant,  devise  or  bequest  may  be  absolute,  or  upon  the  condition 
that  only  the  rents,  profits  and  income  arising  from  the  same 
shall  be  applied  to  the  uses  and  purposes  of  the  Teachers'  Re- 
tirement Fund,  hereinafter  mentioned,  and  said  Board  shall  be 
authorized  to  take  such  gift,  devise  or  bequest  under  and  by  the 
style  of  the  Board  of  Trustees  of  the  Teachers'  Ketirement 
Fund  of  Baltimore  City,  and  to  hold  the  same,  or  assign,  trans- 
fer or  sell  the  same,  whenever  proper  and  necessary,  under  and 
by  such  name. 

• 

1908,  ch.  78. 

102D,  Said  Board  of  Trustees  shall  elect  from  its  members 
a  president,  and  shall  appoint  a  secretary  and  a  treasurer,  both 
of  which  offices  may  be  held  by  the  same  person,  and  the  said 


115 

Board  of  Trustees  shall  have  power  to  appoint  such  other  em- 
■Dlovees  as  it  mav  from  time  to  time  deem  necessary  to  carry  out 
the  purposes  of  this  Act,  and  the  said  board  shall  pay  to  the 
secretary,   treasurer   and   employees   such   salaries  as  may  be 
fixed  by  the  board ;  provided,  that  the  salaries  paid  to  the  secre- 
tary, treasurer  and  such  other  employees,  and  the  number  of 
such  other  employees  shall  be  subjected  to  the  approval  of  the 
Board  of  Estimates.     It  shall  be  the  duty  of  the  secretary  to 
keep  a  true  and  accurate  account  of  the  proceedings  of  said 
Board  of  Trustees  when  acting  upon  matters  relating  to  said 
Teachers'  Retirement  Fund,  and  he  shall  perform  such  other 
duties  as  the  Board  of  Trustees  shall  direct.    The  secretary  of 
the  Board  of  School  Commissioners  of  said  city  shall  act  as 
assistant  secretary  of  the  Board  of  Trustees  with  such  additional 
compensation  therefor  as  may  be  fixed  and  paid  by  the  Board  of 
Trustees,  with  the  approval  of  the  Board  of  Estimates,  and  it 
shall  be  his  duty  to  keep  a  true  and  correct  statement  of  the 
account  of  each  member  with  the  Teachers'  Retirement  Fund, 
and  to  render  to  the  Board  of  Trustees  a  monthly  account  of  his 
doings.     The  treasurer  of  said  Board  of  Tmstees  shall  receive, 
hold  and  keep  account  of  all  moneys  belonging  to  the  Teachers' 
Retirement  Fund ;  he  shall  have  the  custody  of  all  notes,  bonds 
and  other  securities  belonging  to   said   Teachers'   Retirement 
Fund,  and  shall  collect  the  principal  and  interest  of  the  same, 
but  before  assuming  to  act  as  such  treasurer,  he  shall  furnish 
bond  in  such  penalty  and  with  such  surety  or  sureties  as  the 
Board  of  Trustees  may  require,  conditioned  for  the  faithful  per- 
formance of  the  duties  imnosed  upon  him  by  this  Act,  or  that 
may  be  assigned  to  him  by  the  Board  of  Trustees,  and  for  the 
faithful  accounting  of  all  moneys  and  securities,  including  both 
principal   and   interest,  which  may  come  into  his  hands  and 
which  belong  to  the  Teachers'  Retirement  Fund.     Said  treas- 
urer, upon  the  expiration  of  his  term  of  office,  shall  account  to 
said  board  for  all  moneys,  notes,  bonds  and  other  securities 
coming  into  his  hands,   and  for  the  interest,  income,  profits, 
rentals  and  proceeds  of  and  from  the  same,  and  he  shall  turn 
over  to  his  successor  all  moneys,  notes,  bonds,  and  other  securi- 
ties belonging  to  said  fund.     The  secretary,  assistant  secretary 
and  treasurer  shall  make  a  full,  true  and  accurate  account  of 
their  offices  whenever  required  so  to  do  by  the  Board  of  Trustees. 

1908,  cli.  7S. 

1021'^.     Every  teacher  who  is  such  at  the  time  of  the  pas- 
sage of  this  Act,  shall,  as  soon  as  practicable  thereafter,  notify 


116 

the  said  Board  of  Trustees,  in  wi-iting,  whether  he  or  she  desires 
to  accept  the  advantages  of  this  Act,  or  any  amendments  thereto, 
and  every  such  acceptance,  when  given,  shall  be  irrevocable,  and 
no  such  teacher  who  does  not  so  accept  shall  be  eligible  for 
election  to  said  Board  of  Trustees  nor  shall  he  or  she  have  the 
right  to  vote  for  members  thereof,  and  every  such  teacher  who 
shall  fail  so  to  accept  before  January  1,  1909,  shall  not  be 
entitled  to  any  benefits  or  advantages  under  this  Act,  until  he 
or  she  shall  have  first  paid  into  the  Teachers'  Retirement  Fund 
an  amount  equal  to  the  assessments  he  or  she  would  have  paid 
into  said  fund  had  such  acceptance  been  given  on  December  31, 
3  908,  together  with  twenty  per  centum  of  such  amount. 

1908.  ch.  78. 

102F.  Hereafter  the  Board  of  School  Commissioners  shall 
require  all  applicants  for  appointment  as  teachers  to  agree,  as 
a  condition  of  appointment,  to  accept  and  abide  by  the  pro- 
visions of  this  Act  or  any  amendments  thereto,  and  to  pay  the 
assessments  provided  for  herein  or  that  may  be  provided  for 
hereafter. 

1908,  ch.  78. 

102G.  All  money,  property  of  any  kind  or  securities  that 
may  come  into  the  hands  of  the  said  Board  of  Trustees  under 
the  provisions  of  this  Act,  or  any  amendments  thereto,  shall  be 
known  as  the  Teachers'  Retirement  Fund,  and  the  said  Board 
of  Trustees  is  hereby  clothed  with  full  and  complete  power  and 
exclusive  control  over  said  fund,  and  is  hereby  empowered  to 
have,  demand,  receive,  hold,  invest  and  re-invest  the  same  for 
the  promotion  of  the  purposes  of  said  fund,  which  shall  consist 
of  the  following:  First,  assessments  upon  the  salary  of  every 
teacher  who  shall  notify  the  Board  of  Trustees  of  his  or  her 
acceptance  of  the  provisions  of  this  Act  and  amendments 
thereto,  under  section  102E,  and  assessments  upon  the  salary 
of  each  and  every  teacher  who  may  be  appointed  after  the  date 
of  the  passage  of  this  Act,  as  follows:  one  per  centum  per 
annum  (but  not  more  than  $14.40)  upon  the  salary  of  every 
teacher  who  shall  not  have  been  engaged  in  excess  of  ten  years 
in  the  public  schools  of  Baltimore  City;  one  and  one-half  per 
centum  per  annum  (but  not  more  than  $21.60)  upon  the 
salary  of  every  teacher  who  shall  have  been  engaged  in  excess  of 
ten  years  but  not  more  than  twenty  years  in  said  public  schools ; 
and  two  per  centum  per  annum  (but  not  more  than  $28.80) 
upon  the  salary  of  every  teacher  who  shall  have  been  engaged 


117 

longer  than  twenty  years  in  said  public  schools,  and  the  secre- 
tary   of   the   Board    of    School    Commissioners    shall    prepare 
monthly  a  roll  of  assessments  and  place  opposite  the  name  of 
each  and  every  teacher  liable  thereto  one-twelfth  of  the  amount 
of  the  annual  assessment  payable  by  him  or  her,   and  shall 
furnish  forthwith  a  copy  of  such  roll  to  the  City  Register,  and 
the   said   City   Register   shall   deduct    and   retain   out   of   the 
monthly  salary  due  to  such  teacher  the  amount  of  such  monthly 
assessment,  and  the  sum  of  such  monthly  assessments  shall  be 
immediately  paid  by  the  City  Register  to  the  said  Board  of 
Trustees.    Second :  Sums  received  from  the  Mayor  and  Council 
as  follows:    In  case  the  Board  of  Trustees  shall  deem  it  ex- 
pedient to  have  an  additional  sum  to  defray  its  expenses,  to  pay 
the  salaries  provided  for  herein  or  to  add  to  the   Teachers' 
Retirement  Fund,  the  said  Board  of  Trustees  shall  each  year,  in 
due  time,  prepare  a  full  and  detailed  statement  of  the  assets 
of  said  Teachers'  Retirement  Fund,   and  the  additional  sum 
which  is  required  to  defray  said  expenses,  to  pay  said  salaries 
or  to  add  to  the  Teachers'  Retirement  Fund,  and  send  the  same 
to  the  Board  of  Estimates,  as  other  estimates  are  sent  to  it  in 
connection  with  the  annual   ordinance  of  estimates,   and  the 
Board  of  Estimates  is  hereby  empowered,  in  its  discretion,  to 
insert  such  an  appropriation  in  said  ordinance  for  said  pur- 
poses as  it  may  deem  proper,  and  when  said  appropriation  has 
been  received  the  same  shall  be  paid  over  to  the  Board  of 
Trustees,  and  the  unexpended  balance  remaining  at  the  end  of 
each    fiscal   year   shall   be  added   to   the   permanent   fund   in 
accordance  with  section  102M  of  this  Act.     Third :  All  money, 
property  of  any  kind  or  securities  that  may  come  into  the  hands 
of  said  Board  of  Trustees  for  the  purposes  of  said  Teachers' 
Retirement  Fund  by  gift,  grant,  devise,  bequest  or  otherwise. 

1908,  ch.  78. 

102H.  Tbe  Board  of  School  Commissioners  may  retire  from 
rcgulai"  duty,  upon  its  motion,  and  shall  retire  from  regular 
duty,  upon  his  or  her  own  motion,  in  either  case  the  approval 
of  the  Board  of  Trustees  to  be  first  obtained,  any  teacher  who 
has  been  such  for  a  period  of  forty  years  at  the  time  suc)i  appli- 
cation is  made,  and  the  teacher  so  retired,  provided  he  or  she 
shall  be  entitled  to  the  advantages  of  this  Act  under  section 
102E  or  102F  hereof,  shall  receive  for  life  the  salary  provided 
for  by  section  102O.  Every  teacher  who  is  such  at  the  time  of 
the  passage  of  this  Act,  for  the  purposes  of  retirement  uud'M- 
this   section   or   the   next   succeeding   section,    after  service   of 


118 

twenty  years  as  a  member  of  the  teaching  force  of  Baltimore 
City,  shall  be  entitled  to  full  credit  for  his  or  her  years  of 
service  as  a  public  school  teacher  elesewhere. 

190S,  ch.  78. 

1021.  The  Board  of  School  Commissioners  shall  retire  from 
regular  duty,  upon  his  or  her  own  application,  any  teacher  wiio 
has  been  such  for  a  period  of  twenty  years  at  the  time  such 
application  is  made,  and  who  is  disabled  or  incapacitated  from 
performing  regular  duty,  provided  the  Board  of  Trustees  shall 
find  such  teacher  so  disabled  or  incapacitated  after  an  exami- 
nation made  by  a  physician  appointed  by  said  Board  of 
Trustees,  the  examination  fee  or  charge  to  be  paid  by  the 
teacher  examined,  and  the  teacher  so  retired,  provided  he  or 
she  shall  be  entitled  to  the  advantages  of  this  Act  under  sections 
102E  and  102F  hereof,  shall  receive  for  life  a  salary  of  as 
many  fortieths  of  that  provided  for  by  section  102O,  as  he  or 
she  may  have  served  years  at  the  time  of  such  retiremont,  and 
if  the  Board  of  School  Commissioners  shall  deem  any  teacher 
who  has  been  such  for  a  period  of  twenty  years  at  the  time  the 
notices  herein  provided  for  are  given,  to  be  disabled  or  inca- 
pacitated from  performing  regular  duty,  the  said  Board  of 
School  Commissioners  shall  serve  written  notice  to  that  effect 
upon  the  said  teacher,  and  the  president  or  secretary  of  the 
Board  of  Trustees,  and  proceedings  shall  then  be  had,  after  the 
notice  provided  for  in  section  102K,  in  accordance  with  the 
provisions  of  said  section.  If  the  Board  of  Trustees  after  such 
proceedings  are  had,  shall  find  the  said  teacher  to  be  in;'apaci- 
tated  from  performing  regular  duty,  the  Board  of  School  Com- 
missioners may  retire  such  teacher  from  regular  duty,  and  such 
teacher,  if  so  retired,  shall  be  entitled  to  a  salary  in  th'^  ■^nme 
manner  and  amount  as  if  he  or  she  had  been  retired  upon  his 
or  her  own  application  under  this  section. 

1908,  ch.  78. 

102J.  Unless  teachers  who  may  be  retired  under  the  two 
preceding  sections,  shall  have  paid  into  said  Teachers'  Retire- 
ment Fund,  by  way  of  assessment  or  otherwise,  an  amount 
equal  at  least  to  that  which  he  or  she  shall  be  entitled  to  vecr-ive 
as  a  salary  for  the  first  year  of  retirement,  the  said  Board  of 
Trustees  shall  deduct  one-fifth  of  the  deficiency  thereof  from  the 
amount  of  said  salary  for  each  of  the  first  five  years  that  the 
same  may  be  payable. 


119 


1908,  ch.  78. 


102K.     After   any   teacher   shall   have   been   retired    under 
section  1021,  the  Board  of  Trustees  shall  have  the  right  at  any 
time  to  cause  such  teacher  again  to  be  brought  before  it  and 
examined  by  its  physician,  and  also  to  examine  other  witnesses 
for  the  purpose  of  ascertaining  whether  such  teacher  shall  re- 
main on  the  retired  roll.     The  fee  or  charge  of  the  examining 
physician  shall  be  paid  by  the  Board  of  Trustees.   Such  teacher 
shall  be  entitled  to  at  least  thirty  days'  notice,  and  to  be  present 
at  the  hearing  of  any  such  evidence,  shall  be  permitted  to  pro- 
pound any  question  pertinent  or  relative  to  such  matter,  and 
shall  have  the  right  to  introduce  evidence  upon  his  or  her  own 
behalf.     Such  teacher  and  all  witnesses  shall  be  examined  under 
oath,  and  any  member  of  said  Board  of  Trustees  is  hereby 
authorized  and  empowered  to  administer  such  oath.      If  the 
Board  of  Trustees  shall  find  such  teacher  qualified  for  regiilar 
duty,  he  or  she  shall  report  to  the  Superintendent  of  Public 
Instruction  of  said  city  whenever  required  so  to  do  by  the  Board 
of  Trustees,  and  said  Superintendent  shall  assign  such  teacher 
to  such  service  or  employment  as  may  be  within  his  or  her 
power  to  perform,  in  the  judgment  of  such  Superintendent  and 
of  the  examining  physician  employed  by  said  Board  of  Trustees. 
During  the  time  of  such  employment  such  teacher  shall  receive 
the  regular  salary  therefor,  and  shall  cease  to  be  entitled  to 
any  pa^Tnent  out  of  said  fund  because  of  the  disability  or  inca- 
pacity,  on  account  of  which  such  teacher  was  originally  retired. 
Any  teacher  who  may  be  retired  under  section  1021  and  re- 
assigned for  active  duty  under  this  section,  for  the  purposes  of 
later  retirement  under  this  Act,  shall  be  considered  as  having 
been  in  active  service  during  the  period  of  the  former  retire- 
ment. 

1908,  ch.  78. 

102 L  Every  teacher  retired  under  the  provisions  of  this 
Act  shall  continue  as  an  employee  of  the  Mayor  and  City 
Council,  but  shall  be  compensated  from  the  Teachers'  Retire- 
ment Fund,  as  provided  for  in  this  Act,  and  it  shall  be  the  duty 
of  any  teacher  so  retired  to  render,  without  extra  compensation, 
such  teaching  services  and  at  such  times  as  the  Board  of  School 
Commissioners  shall  direct,  provided  the  Board  of  School  Com- 
missioners shall  not  direct  any  such  retired  teacher  to  perform 
any  teaching  sei-vices  except  such  as  the  Board  of  Trustees  may 
certify  to  the  Ijoard  of  School  Commissioners  to  l)e  within  the 
reasonable  physical  power  of  such  retired  teacher,  and  provided 


120 

further,  that  no  such  retired  teacher  shall  be  required  to  render 
teaching  service  for  a  longer  period  than  15  days  in  any  school 
year. 

1908,  ch.  78. 

102M.  The  Board  of  Trustees  shall  establish  a  permanent 
fund  to  the  credit  of  which  shall  be  put  and  deposited  all  gifts, 
grants,  devises  and  bequests,  all  other  receipts  for  the  first  two 
years  during  which  this  Act  shall  have  become  operative,  except 
so  much  of  such  receipts  as  the  Board  of  Trustees  may  require 
during  said  two  years  to  defray  its  expenses,  and  the  unex- 
pended balance  remaining  at  the  end  of  each  fiscal  year  there- 
after. And  no  part  thereof  shall  be  expended  except  the  inter- 
est and  income  thereof  and  therefrom ;  provided,  however,  that 
one-half  of  the  amount  added  to  such  permanent  fund  during 
any  year  may  be  used,  if  necessary,  during  the  year  imme- 
diately following. 

1908,  ch.  78. 

102]Sr.  This  Act  shall  not  affect  in  anv  wav  the  power  of 
the  Board  of  School  Commissioners  to  remove  teachers  from 
service  under  the  laws  now  in  force. 

1908,  ch.  78. 

102O.  Upon  the  retirement  of  any  teacher  under  section 
102H,  the  person  so  retired  shall  be  entitled  to  receive  a  salary 
for  life  out  of  the  Teachers'  Retirement  Fund  equal  to  one-half 
of  his  or  her  average  annual  salary  for  the  five  years  imme- 
diately preceding  retirement,  but  no  salary  of  any  teacher  .shall 
be  less  than  $360,  nor  greater  than  $600  per  annum,  and  the 
Board  of  Trustees,  subject  to  such  reasonable  rules  or  regula- 
tions as  the  board  may  adopt,  shall  pay  the  salaries  to  the 
persons  entitled  thereto  under  this  section  and  sections  102H 
and  1021. 

1908,  ch.  78. 

102P.  Any  teacher  who  shall  cease  to  be  such  before  receiv- 
ing any  benefits  from  said  Teachers'  Retirement  Fund  shall  be 
entitled  to  the  return  o:^  one-half  of  the  amount  without  interest, 
which  shall  have  been  paid  into  said  Teachers'  Retirement 
Fund  by  such  teacher;  provided,  however,  should  such  teacliei 
thereafter  again  teach  in  the  public  schools  of  said  city,  such 
teacher  shall  repay  to  said  Teachers'  Retirement  Fund  the 
amount  so  returned  to  such  teachers,  wathin  one  year  from  the 


121 

date  of  his  or  her  return  to  service  in  the  schools,  and  upon  such 
repayment  being  made  he  or  she  shall  be  entitled  to  credit  the 
length  of  time  of  the  former  service.  And  should  any  teacher 
die  before  receiving  any  of  the  benefits  by  this  Act  provided,  the 
Board  of  Trustees  shall  pay  to  such  teacher's  estate  one-half  the 
amount,  without  interest,  which  shall  have  been  paid  into  said 
Teachers'  Retirement  Fund  by  said  teacher. 

1908,  ch.  78. 

102Q.  No  salary  of  any  kind  whatsoever  provided  for  in 
this  Act  shall  be  payable  or  paid  during  the  first  two  years 
during  which  said  Act  shall  become  operative;  provided  fur- 
ther, should  any  contributors  to  said  Teachers'  Retirement 
Fund  make  application  for  retirement  under  the  provisions  of 
this  Act  during  said  two  years,  his  or  her  name  shall  be  placed 
upon  a  waiting  list,  and  he  or  she  shall  be  retired  in  the  order 
of  his  or  her  application  when  said  two  years  shall  have  expired, 
but  no  teacher  shall  be  retired  by  the  Board  of  School  Commis- 
sioners under  this  Act  until  after  the  expiration  of  said  two 
years. 

1908,  ch.  78. 

102R.  The  said  Teachers'  Retirement  Fund  and  all  salaries 
granted  and  payable  out  of  the  same  shall  be  and  are  exempt 
from  seizure  or  levy  under  attachment,  execution,  supplemental 
process  and  all  other  process ;  and  such  salaries  or  any  payment 
of  the  same  shall  not  be  subject  to  sale,  assignment  or  transfer 
by  any  beneficiary,  and  any  such  sale,  assignment  or  transfer 
of  the  same  shall  be  absolutely  void. 

1908,  ch.  78. 

102S.  The  terms  "teachers"  and  "members  of  the  teaching 
force  of  Baltimore  City,"  as  used  in  this  Act,  shall  mean  and 
include  any  superintendent,  principal,  vice-principal,  assistant 
superintendent,  supervisor,  assistant  supervisor,  person  in 
charge  of  any  special  department  of  instruction  and  any  teacher 
or  instructor  regularly  employed  as  such  by  the  Board  of 
School  Commissioners  of  said  city. 

DEPARTMENT  OF  CHARITIES  AND  CORRECTIONS. 

103.  There  shall  be  a  Department  of  Charities  and  Correc- 
tions of  the  Mayor  and  City  Council  of  Baltimore,  which  shall 
consist  of  the  Supervisors  of  City  Charities  and  the  Visitors  to 
the  City  Jail.     The  head  of  the  Department  of  Charities  aiid 


122 

Corrections  shall  be  a  Board  of  Charities  and  Corrections 
composed  of  the  President  and  one  other  of  the  Supervisors  of 
City  Charities,  the  President  and  one  other  of  the  Visitors  to 
the  City  Jail,  and  the  Mayor  ex  officio.  The  Supervisors  of 
City  Charities  and  the  Visitors  to  the  City  Jail  shall  each  desig- 
nate their  representative  member.  The  President  of  the  Super- 
visors of  City  Charities  shall  be  President  of  the  Board  of 
Charities  and  Corrections.  This  Board  shall  be  for  consulta- 
tion and  advice,  but  it  shall  have  no  power  to  direct  or  control 
the  duties  or  work  of  any  sub-department  under  this  depart- 
ment. It  shall  perform  such  other  duties  as  may  be  required 
of  it  by  ordinances  not  inconsistent  with  this  Article. 

SUPEKVISORS  OF  CITY  CHARITIES. 

104.  The  Supervisors  of  City  Charities  shall  be  the  first  sub- 
department  of  Charities  and  Corrections,  and  the  head  of  this 
sub-department  shall  be  a  board  composed  of  nine  persons, 
appointed  by  the  Mayor  as  provided  in  section  25  of  this 
Article,  who  shall  be  removable  as  therein  provided.  Their 
term  of  office  shall  be  for  six  years,  three  of  them  to  retire  at 
the  end  of  every  two  years;  except  that  the  Supervisors  first 
appointed  shall  determine  by  lot  their  terms  of  office,  so  as  to 
provide  for  the  termination  of  the  term  of  three  Supervisors 
each  at  the  end  of  the  first  two  and  four  years.  The  said 
Supervisors  shall  have  been  citizens  of  Maryland  for  at  least 
five  years,  and  residents  of  the  City  of  Baltimore  for  at  least  one 
year  prior  to  their  nomination.  The  Mayor,  in  the  appoint- 
ment of  said  Supervisors,  shall  designate  one  of  their  number  as 
President,  and  the  Supervisors  shall  elect  a  Secretary,  who  shall 
be  paid  a  salary  of  one  thousand  five  hundred  dollars  per 
annum,  payable  monthly,  and  shall  discharge  such  duties  as  the 
Supervisors  shall  prescribe.  The  said  Supervisors  shall  serve 
without  pay.  They  shall  be  appointed  by  the  Mayor  from 
among  those  whom  he  deems,  by  reason  of  their  intelligence, 
experience  and  character,  to  be  most  capable  of  caring  for  the 
poor,  economically,  intelligently  and  humanely.  In  the  selec- 
tion of  said  Supervisors  and  in  their  action,  in  matters  relating 
to  the  duties  imposed  upon  them  by  law  or  ordinance,  ecclesi- 
astical or  party  ties  shall  not  be  regarded,  so  that  the  care  of  the 
poor  may  be  entirely  out  of  the  field  of  political  or  religious 
differences  and  controversies.  The  duty  of  said  Supervisors 
shall  be  to  determine  what  sick,  insane  or  other  destitute  persons 
are  proper  charges  on  the  city,  and  to  provide  for  the  proper 
care  of  such  persons,  in  so  far  as  money  may  be  appropriated 


123 

for  that  purpose  bj  the  city.  The  Supervisors  shall  have  the 
power  to  appoint  and  fix  the  compensation  of  such  officials  and 
subordinate  employees  as  they  may  deem  necessary  for  the 
proper  conduct  of  the  business  entrusted  to  them,  not  to  exceed 
in  number  of  employees  or  aggregate  amount  in  compensation 
the  limit  fixed  by  ordinance.  The  Supervisors  shall  report 
annually  to  the  city  upon  all  departments  of  their  work,  includ- 
ing the  work  of  those  institutions  with  which  the  city  has  con- 
tracted for  the  care  of  any  poor  persons,  and  they  shall  perform 
all  the  duties  heretofore  performed  by  the  Trustees  of  the  Poor 
unless  otherwise  provided  in  this  Article. 

1914,  ch.  343. 

104A.  The  Supervisors  of  City  Charities  shall  also  have 
super\'ision  over  those  persons  committed  to  the  criminal,  penal 
and  reformatory  institutions  with  which  the  Mayor  and  City 
Council  of  Baltimore  have  contracts,  and  shall  perform  such 
other  duties  as  may  be  prescribed  by  ordinance,  not  inconsistent 
with  this  Article. 

105.  All  appropriations  by  the  Mayor  and  City  Council  of 
Baltimore  for  the  treatment,  care  or  support  of  the  indigent 
poor  in  institutions  not  owned  by  the  city,  or  for  dispensary 
treatment  shall  be  by  contract,  in  which  the  city  shall  agree  to 
pay  so  much  per  capita  for  persons  placed,  treated  or  prescribed 
for  in  such  institutions  or  dispensaries  so  contracting  with  the 
city,  and  in  no  case  shall  a  gross  sum  be  paid  to  any  such  insti- 
tution or  dispensary.  Every  such  contract  shall  contain  a  stipu- 
lation that  the  city  shall  incur  no  obligation  therefrom  for  any 
amount  not  provided  for  or  in  excess  of  the  appropriation  made 
for  the  fiscal  year  in  carrying  out  such  contract.  No  public 
moneys  shall  be  paid  to  any  institution  or  dispensary  for  the 
treatment,  care  or  support  of  any  person  until  the  said  Super- 
visors have  determined  and  certified  in  writing  that  such  person 
is  a  proper  subject  of  municipal  aid. 

In  connection  with  appropriations  by  the  Mayor  and  City  Council 
of  Baltimore  for  treatment,  care  or  support  of  indigent  poor,  in  institu- 
tions not  owned  by  the  city,  see, 

St.  Mary's  Indus.  School  v.  Brown,  45  Md.  334. 

106.  ISTo  appropriation  shall  be  made  or  money  expended  for 
the  maintenance,  outside  of  the  Almshouse  or  other  city  home, 
of  any  adult  poor  person  or  persons,  except  the  sick,  insane  or 
other  special  classes  requiring  special  treatment,  or  homeless 
perisons  requiring  temporary  care  only;  provided,  the  city  has 
adequate  accommodations  at  the  Almshouse  or  other  city  home. 


124 

All  poor  persons  who,  in  the  judgment  of  said  Supervisors, 
require  special  care  or  treatment  outside  of  a  city  institution, 
maj  be  placed  by  said  Supervisors  in  any  institution  or  institu- 
tions with  w^hich  the  city  has  contracted  for  such  care  or  treat- 
ment, which  they,  in  the  exercise  of  their  judgment,  after  care- 
ful inspection  and  inquiry,  shall  deem  best  fitted  to  give  the 
necessary  care  and  treatment. 

In  connection  with  section  106,  see  provisions  of  Act.  1906,  chapter 
32  which  re-enacts  Article  4  of  the  Public  General  Laws  of  Maryland. 

107.  The  Mayor  and  City  Council  of  Baltimore,  through 
the  said  Supervisors,  shall  have  care  and  supervision  over  such 
children  as  shall  be  committed  to  or  placed  in  those  institutions 
with  which  the  city  may  have  contracted  and  as  shall  have  been 
duly  accepted  by  said  Supervisors  as  proper  charges  on  the  city. 
Said  Supervisors  shall  have  power  to  remove  any  child  from 
any  such  institution  to  which  he  or  she  has  been  committed  or 
placed,  and  to  place  said  child  in  any  other  such  institution, 
when  it  is  apparent  to  the  Supervisors  that  from  improper 
treatment  or  for  other  good  cause,  the  welfare  of  the  child 
requires  such  removal.  No  such  child  shall  be  discharged  from 
the  institution  to  which  he  or  she  shall  have  been  committed  or 
placed  (unless  by  direction  of  a  court  of  competent  jurisdic- 
tion), or  be  transferred  to  any  other  institutioji,  or  to  the  care 
of  any  individual,  without  the  approval  and  consent  of  the  said 
Supervisors.  It  shall  be  the  duty  of  the  Supervisors,  as  far  as 
is  practicable,  to  place  all  destitute  or  neglected  children  who 
are  under  their  care  or  in  their  charge,  in  some  institution  or 
home  for  children,  or,  without  payment  of  board  in  some  re- 
spectable family  in  the  State  of  Maryland,  and  to  have  the 
children  visited,  and  their  circumstances  carefully  examined  at 
least  once  in  every  six  months  by  one  of  the  Supervisors  or  by  a 
skilled  agent  or  agents  appointed  by  them  for  the  purpose.  On 
the  preliminary  question  of  the  commitment  of  any  destitute  or 
neglected  child,  said  Supervisors,  or  their  agent,  shall  be  sum- 
moned by  the  committing  officer  and  heard  as  to  whether  the 
parent  or  guardian  of  the  child  to  be  committed  is  entitled  to 
the  aid  of  the  city,  and  if  on  return  of  the  summons  of  the  said 
Supervisors,  or  their  agent,  further  time  is  required  by  them, 
or  him,  to  make  inquiry  as  to  the  pecuniary  ability  of  said 
parent  or  guardian  further  time,  not  exceeding  twenty-four 
hours,  shall  be  given.  The  wish  and  request  of  the  parent  or 
guardian  as  to  the  place  of  commitment  shall  be  respected, 
unless  good  cause  to  the  contrary  be  shoMru  by  the  Supervisors. 


125 

The  Supervisors  of  City  Charities  shall  have  power  to  place 
foundlings  in  any  proper  institution  with  which  the  city  has  a 
contract. 

P.  L.  L.,  (1860)  Art.  4,  sec.  42.    P.  L.  L.,  (1888)  Art.  4,  sec.  39. 

108.  The  Supervisors  may  admit  into  the  Almshouse  and 
receive  under  their  care,  in  addition  to  those  paupers  v/hich  the 
laws  of  this  State  authorize  and  require,  such  indigent  or  dis- 
tressed persons  as  in  their  opinion  the  dictates  of  humanity  or 
particular  circumstances  render  proper  or  necessary.  In  cases 
of  emergency  any  Supervisor  may  direct  the  admission  of  any 
destitute,  indigent  or  distressed  person  to  the  Almshouse. 

P.  L.  L.,  (1860)  Art.  4,  sec.  43.    P.  L.  L.,  (1888)  Art.  4,  see.  40. 

109.  The  Supervisors  shall  prescribe,  provide  for,  and  direct 
all  matters  relating  to  the  support,  treatment  and  employment 
of  all  paupers,  vagrants  and  other  persons  in  the  Almshouse, 
or  any  other  place  under  their  care  and  charge. 

P.  L.  L.,  (1860)  Art.  4,  see.  44.     P.  L.  L.,   (1888)  Art.  4,  sec.  41. 

110.  The  Supervisors  shall  procure,  or  erect  and  use  all 
such  machinery,  materials  and  implements  as  they  shall  think 
proper  or  necessary  for  any  purpose  connected  with  their  duties 
or  the  exercise  of  the  powers  vested  in  them. 

P.  L.  L.,  (I860)  Art.  4,  sec.  57.    P.  L.  L.,  (1888)  Art.  4,  sec.  53. 

111.  The  Supervisors  shall  meet  at  the  Almshouse  five  times 
in  the  year,  to  wit :  in  the  first  week  of  February,  April,  June, 
October  and  December,  or  oftener,  if  they  shall  deem  it  neces- 
sary; and  shall  make  by  a  majority  of  votes  of  such  as  may  be 
present,  all  such  good  and  wholesome  rules  and  by-laws  as  they 
may  think  necessary  and  convenient  for  the  maintenance  and 
employment  of  the  inmates  of  said  Almshouse. 

P.  L.  L.,  (I860)  Art.  4,  sec.  58.    1862,  ch.  279.     P.  L.  L.,  (1888) 

Art,  4,    sec.  54. 

112.  Upon  complaint  made  to  the  Supervisors  by  the  Super- 
intendent of  said  Almshouse,  and  due  proof  thereof,  that  any 
pauper  in  said  Almshouse  has  behaved  in  a  disorderly  manner, 
or  has  neglected  to  obey  and  keep  any  of  the  rules  and  by-laws, 
the  Supervisors  may  order  and  direct  such  moderate  and  proper 
correction  for  any  such  oifence  as  the  nature  of  the  case  may 
require. 


126 
SUPERINTENDENT  OF  ALMSHOUSE. 

p.  L.  L.,  (1860)  Art.  4,  sees.  49,  51.    P.  L.  L.,  (1888)  Art.  4,  sees.  46,  47. 

113.  The  Supei'visors  shall  meet  at  the  Almshouse  on  the 
first  Monday  of  April,  yearly,  and  appoint  a  Superintendent  of 
said  Almshouse,  who  shall  receive  a  salary  of  one  thousand  six 
hundred  dollars  per  annum,  payable  monthly.  They  shall  require 
such  Superintendent  to  enter  into  bond  with  sufficient  security, 
payable  to  the  Mayor  and  City  Council  of  Baltimore,  in  the 
penalty  of  five  hundred  dollars,  for  the  faithful  performance  of 
the  duties  of  his  office. 

P.  L.  L.,  (I860)  Art.  4,  see.  52.    P.  L.  L.,  (1888)  Art.  4,  sec.  48. 

114.  In  addition  to  such  other  duties  as  the  Supervisors 
may  prescribe,  the  Superintendent  shall  keep  a  regular  list  of 
all  poor,  beggars,  vagrants,  vagabonds  and  offenders  who  shall 
be  committed  to  said  Almshouse,  and  also  regulate  accounts, 
in  writing,  of  all  materials  and  other  things  which  may  come 
to  his  hands,  and  of  all  expenses  and  charges  attending  their 
maintenance  and  support,  and  of  all  moneys  received  by  him 
for  the  sale  of  the  produce  of  their  labor,  and  otherwise,  as 
Superintendent,  and  shall  lay  the  same  before  the  Supervisors 
annually  and  whenever  required. 

PURVEYOR  OF  PROVISIONS. 

p.  L.  L.,  (1860)  Art.  4,  sec.  46.    P.  L.  L.,  (1888)  Art.  4,  sec.  43. 

115.  The  Supervisors  may  appoint  a  Purveyor  of  Provi- 
sions to  said  Almshouse,  and  fix  his  salary  at  a  sum  not  to  ex- 
ceed fifteen  hundred  dollars  per  annum.  It  shall  be  the  duty 
of  said  Purveyor  to  provide  and  furnish  provisions  to  said 
Almshouse  under  the  directions  of  said  Supervisors,  to  whom  he 
shall  annually  return  a  statement  or  account  of  his  receipts  and 
expenditures,  to  be  examined  and  passed  at  their  discretion. 

P.  L.  L.,  (1860)  Art.  4,  sec.  47.    P.  L.  L.,  (1888)  Art.  4,  sec.  44. 

116.  The  Supervisors  shall  require  the  said  Purveyor  to 
give  bond  and  security  to  be  approved  by  them,  and  in  such 
penalty  as  they  shall  direct,  conditioned  for  the  faithful  per- 
formance of  the  trusts  reposed  in  him,  and  upon  failure  to  com- 
ply with  the  conditions  thereof,  they  may  direct  said  bonds  to 
be  put  in  suit,  and  any  sum  of  money  recovered  in  such  suits 
shall  be  applied  to  the  use  of  said  Almshouse. 

117.  None  of  the  foregoing  provisions  in  sections  104  to 
116  inclusive,  shall  apply  to  offenders,  juvenile  or  adult. 


127 
VISITORS  OF  THE  JAIL. 

1826,  ch.  224.  1831,  ch.  58.  1868,  ch.  3.  P.  L.  L.,  (1888)  Art.  4,  sec.  535. 

1914,  ch.  343. 

118.  The  Visitors  of  the  Jail  shall  be  the  second  sub-de- 
partment of  Charities  and  Corrections,  and  the  head  of  this 
sub-department  shall  be  a  board  consisting  of  nine  persons,  ap- 
pointed by  the  Mayor  in  the  manner  prescribed  in  section  25 
of  this  Article,  who  shall  hold  their  offices  as  therein  provided. 
They  shall  serve  without  pay.  One  of  their  number  shall  be 
designated  by  the  Mayor,  who  shall  be  President  of  said  Visi- 
tors, and  the  said  Visitors  shall  elect  from  their  number  a  Sec- 
retary. The  Visitors  to  the  Jail  shall  have  charge  and  con- 
trol, supervision  and  regulation  of  the  Baltimore  City  Jail  and 
all  reformatory,  criminal  and  penal  institutions  belonging  to 
the  city.  The  Visitors  to  the  Jail  shall  have  the  power  to  pass 
rules  and  regulations  for  their  own  government  and  for  the  gov- 
ernment of  the  Baltimore  City  Jail  and  the  aforesaid  institu- 
tions belonging  to  the  city,  not  inconsistent  with  this  Article, 
and  shall  perform  such  other  duties  as  may  be  required  of  them 
by  ordinances  not  inconsistent  with  this  Article. 

Field  V.  Malster,  88  Md.  691.  Beasley  v.  Ridout,  94  Md.  675.  (This 
case  construes  Acts  of  Assembly  relating  to  Visitors  of  the  Jail.) 

P.  L.  L.,  (1860)  Art.  4,  sec.  574.    P.  L.  L.,  (1888)  Art.  4,  sec.  541. 

119.  The  said  Visitors  shall  meet  on  the  first  Tuesday  of 
every  month  or  at  such  other  times  as  they  may  direct ;  special 
meetings  may  be  called  at  any  time  by  the  President,  or  any 
two  members,  on  giving  three  days'  notice  in  writing  to  the 
members. 

1831,  ch.  58.    P.  L.  L.,  (1860)  Art.  4,  sec.  575.     P.  L.  L.,   (188S) 

Art.  4,  sec.  542. 

120.  The  said  Visitors  shall  have  full  power  and  authority, 
as  often  as  they  may  deem  it  necessary,  to  visit  the  jail  and 
the  prisoners  confined  therein ;  to  make  by-laws  for  the  internal 
police  and  good  government  thereof,  and  for  the  preservation 
of  the  buildings  and  other  property. 

1898,  ch.  412. 

120a.  Whenever  the  Board  of  Visitors  of  the  Baltimore 
City  Jail  may  deem  it  necessary,  they  shall  have  full  power  to 
summon  the  State  Lunacy  Commission  to  examine  and  pass 
upon  the  mental  condition  of  the  convicts,  and  if  the;  convict  or 
convicts  so  exaniiufd   be   adjudged    insane   or   luiuitic  by   said 


128 

commission,  or  a  majority  thereof,  and  removal  be  deemed  ad- 
visible,  said  commission  shall  make  a  complaint  to  the  judge 
of  the  Criminal  Court  of  the  City  of  Baltimore,  who  shall  have 
the  power  to  order  the  removal  of  such  insane  or  lunatic  con- 
vict or  convicts  to  the  Bay  View  Asylum  for  treatment. 

P.  L.  L.,  (1860)  Art.  4,  sec.  576.    P.  L.  L.,  (1888)  Art.  4,  sec.  543. 

121.  The  said  Visitors  shall  regulate  and  provide  the  diet 
of  the  prisoners,  procure  necessary  bedding  and  clothing  for 
their  use;  make  such  repairs,  alterations  and  improvements 
in  and  about  the  jail  as  they  may  deem  necessary,  and  provide 
medicine  and  attendance  for  such  of  the  prisoners  as  are  sick. 

1884,  ch.  368.    P.  L.  L.,   (1888)  Art   4,  sec.  544. 

122.  All  persons  confined  in  Baltimore  City  Jail,  under  sen- 
tence of  the  Criminal  Court  of  Baltimore,  for  offences  punisha- 
ble by  confinement  therein,  or  committed  by  any  Judge,  Court, 
Justice  of  the  Peace,  or  other  lawful  authority  having  jurisdic- 
tion to  commit  such  person  to  said  jail,  either  as  a  punishment 
for  the  violation  of  any  law  or  ordinance,  or  under  or  by  virture 
of  any  law  or  ordinance,  or  for  failure  to  pay  any  fine  or  costs 
imposed  upon  such  person  by  any  such  Judge,  Court,  Justice 
of  the  Peace  or  other  lawful  authority,  shall  be  kept  by  tlie 
Visitors  to  the  Jail  at  hard  labor  in  some  useful  employment. 
The  said  Visitors  to  the  Jail  shall  frame  such  regulations  as 
shall  be  necessary  to  the  industry,  quiet  and  discipline  of  such 
persons,  and  shall  have  them  kept  separate  from  persons  in 
confinement  awaiting  trial,  or  for  other  causes. 

P.  L.  L.,   (1860)   Art.  4,  sec.  578.     P.  L.  L.,    (1888)  Art.  4,  sec.  545. 

123.  The  said  Visitors  shall  also  reciuire  all  vagrants  con- 
fined in  said  jail  to  work  and  labor  about  the  premises. 

P.  L.  L.,  (I860)  Art.  4,  sec.  579.    P.  L.  L.,  (1888)  Art.  4,  sec.  516. 

124.  The   said  Visitors   mtiy,   with   their   consent,   employ 

other  persons  confined  therein  in  such  work  and  labor  in  and 

about  the  premises  as  may  be  consistent  with  their  safe-keeping, 

and  shall  keep  an  account  of  the  earnings  of  such  persons,  and 

shall,  upon  their  discharge,  allow  them  two-thirds  of  the  net 

proceeds  thereof,  to  be  ascertained  by  the  Visitors. 

Section  1  of  the  Act  of  1906,  ch.  71,  reads  as  follows : 

"Be  it  enacted  by  the  General  Assembly  of  Maryland  that  the  Visitors 

of  the  Jail  in  Baltimore  City,  be  and  they  are  hereby  unconditionally 

authorized  and  empowered  to  contract,  upon  such  terms  as  to  price  or 

otherwise  as  they  may  deem  expedient  or  proper,  with  any  person  or 


129 

corporation,  in  their  discretion,  for  the  erection  at  the  Baltimore  City 
Jail  of  a  workshop  for  its  uses;  provided  that  the  cost  of  erecting  said 
workshop  shall  be  paid  for  by  the  hire  to  the  contractor,  as  now  author- 
ized by  law,  and  as  fixed  in  amount  or  otherwise  by  the  said  visitors,  in 
their  discretion,  of  inmates  of  said  Jail." 

P.  L.  L.,   (1860)   Art.  4,  sec.  5S0.     P.  L.  L.,   (1888)  Art.  4,  sec.  547. 

125.  The  said  Visitors  shall  keep  regular  books  of  accounts, 
iu  which  the  whole  expenses  of  the  jail,  whether  for  supplies, 
salaries  of  officers,  repairs  or  incidentals,  shall  be  distinctly 
stated. 

WARDEN  OF  JAIL. 

1826,  eh.  224.     1831,  ch.  58.     P.  L.  L.,   (1860)  Art.  4,  sec.  581. 
P.  L.  L.,    (1888)    Art.  4,  sec.  548. 

126.  The  said  Visitors  shall  appoint  a  fit  person  as  Warden 
of  the  Baltimore  City  Jail.  They  shall  allow  the  said  Warden 
and  his  assistants  and  other  employees  and  servants  such  com- 
pensation as  in  their  judgment  is  proper,  not  to  exceed  in  the 
aggregate  the  amount  appropriated  by  ordinance.  The  said 
Visitors  shall  at  their  will  and  pleasure  remove  the  said  War- 
den. 

P.  L.  L.,  (1860)  Art.  4,  sec.  581.    P.  L.  L.,  (1888)  Art.  4,  sec.  548. 

127.  It  shall  be  the  duty  of  the  Warden  of  the  Baltimore 
City  Jail  to  take  charge  of  the  prison  and  prisoners  therein, 
and  exercise,  during  his  continuance  in  office,  the  same  powers, 
and  be  subject  to  the  same  forfeitures,  and  be  responsible  for 
escapes  in  the  same  manner,  and  to  the  same  extent,  as  sheriffs 
of  the  respective  counties,  and  he  shall  perform  such  other 
duties  as  shall  be  required  of  him  by  said  Visitors. 

1826,  ch.  224.     1831,  ch.  58.     P.  L.  L.,   (1860)   Art.  4,  sec.  583, 
P.  L.  L.,    (1888)    Art.  4,  sec.  550. 

128.  The  said  Warden,  before  he  enters  upon  the  duties 
of  his  office  shall  give  bond  to  the  State  with  good  security  to 
be  approved  by  the  Visitors,  in  the  penalty  of  ten  thousand  dol- 
lars, conditioned  for  the  faithful  performance  of  his  duty  as 
Warden,  and  for  the  safe-keeping  of  all  such  persons  as  shall  be 
committed  by  legal  authority  to  the  Baltimore  City  Jail,  which 
bond  shall  be  filed  with  the  Comptroller. 

1831,  ch.  58.    P.  L.  L.,  (1860)  Art.  4,  sec.  584.    P.  L.  lu,  (18SS) 

Art.  4,  sec.  551. 

129.  The  said  Warden  shall  also  take  and  subscribe;  an  (tath 
0) 


130 

that  he  will  duly  and  faithfully  execute  the  duties  aud  trusts, 
and  exercise  the  powers  committed  to  and  vested  in  him  as 
Warden  of  the  Baltimore  City  Jail. 

1826,  ch.  224.    P.    L.  L.,  (1860)  Art.  4,  sec.  585.    P.  L.  L.,  (1888) 

Art.  4,  sec.  552. 

130.  The  Visitors  shall  prescribe  the  number  and  duties  of 
the  assistants  who  may  be  necessary  to  be  employed  by  said 
Warden,  but  the  Warden  shall  have  the  appointment  and  re- 
moval of  such  assistants,  subject  to  the  approval  of  the  Visitors, 
and  shall  fix  their  compensation,  not  to  exceed  in  the  aggregate 
the  amount  appropriated  by  ordinance. 

1826,  ch.  224.    P.  L.  L.,  (1860)  Art.  4,  sec.  586.    P.  L.  L.,   (1888) 

Art.  4,  sec.  553. 

131.  All  commitments  of  prisoners  to  the  Baltimore  City 
Jail  shall  be  directed  to  the  Warden  of  said  jail,  whose  duty  it 
shall  be  to  receive  the  prisoners  from  the  officers  having  them 
in  charge. 

1826,  ch.  224.     1831,  ch.  58.    P.  L.  L.,  (1860)  Art.  4,  sec.  587. 
P.  L.  L.,    (1888)   Art.  4,  sec.  554. 

132.  The  Warden  shall  conduct  all  prisoners  in  his  custody 
to  and  from  the  courts,  when  the  said  courts  shall  direct  him 
to  do  so. 

1831,  ch.  58.    P.  L.  L.,  (1860)  Art.  4,  sec.  588.     P.  L.  L.,   (1888) 

Art.  4,  sec.  555. 

133.  The  Warden  shall  account  with  the  Visitors  for  all 
sums  of  money  which  he  may  collect  from  any  source  connected 
with  the  institution. 

1831,  ch.  58.    P.  L.  L.,  (1860)  Art.  4,  sec.  591.     P.  L.  L.,  (1888) 

Art.  4,  sec.  558. 

134.  The  Visitors  shall  annually,  during  the  month  of  Jan- 
uary, make  out  and  lay  before  the  Mayor  and  City  Council 
of  Baltimore  a  full  statement  of  all  the  public  money  received 
by  them  from  the  City  Register  or  from  any  other  source,  and 
the  manner  in  which  it  has  been  expended. 

P.  L.  L.,  (1860)  Art.  4,  sees.  592,  593.  P.  L.  L.,  (1888)  Art.  4,  sees.  559,  560. 

135.  No  spirituous  or  malt  liquors  shall  be  disposed  of,  sold 
or  given  away  within  said  jail,  and  any  employee  or  servant  of 
said  jail  disposing  of,  selling  or  giving  away,  or  being  con- 
cerned with  others  in  the  disposal,  selling  or  giving  away  of 


131 

anv  spirituous  or  malt  liquors  as  aforesaid  to  any  person  com- 
ing to  said  jail  on  a  visit,  or  to  any  prisoner  confined  therein, 
or  to  any  other  person,  except  by  order  of  the  attending  physi- 
cian, shall  forfeit  and  pay  the  sum  of  one  hundred  dollars,  to  be 
recovered  by  indictment,  one-half  to  go  to  the  informer,  and 
the  other  half  to  be  applied  to  the  use  of  the  city. 

P.  L.  L.,   (1860)  Art.  4,  sees.  595,  596.     P.  L.  L.,  (1888)  Art.  4, 

sees.  561.  562. 

136.  If  the  Warden  or  his  Assistants,  or  any  employee  or 
servant  of  said  jail,  shall  introduce  any  such  spirituous  or  malt 
liquors,  or  suffer  them  to  be  introduced  as  aforesaid,  knowing 
it  to  be  contrary  to  law;  or  shall  permit  any  person  (with  the 
exception  of  the  attorney  of  a  person  confined  in  said  prison) 
to  enter  said  jail  without  license,  as  herein  provided,  each  and 
every  one  of  them  so  offending  shall  be  suspended  from  his 
office  and  be  incapable  of  holding  any  office  or  charge  within 
said  prison  for  the  space  of  one  year  thereafter. 

P.  L.  L.,   (1860)   Art.  4,  sec.  594.     P.  L.  L.,   (1888)  Art.  4,  sec.  563. 

137.  1^0  person,  except  the  attorney  of  a  prisoner,  shall  be 
permitted  to  visit  a  prisoner  within  said  jail  or  lot,  unless  by 
special  license  from  the  Warden,  or  some  Judge,  or  other  person 
legally  authorized  to  give  the  same. 

P.  L.  L.,  (1860)  Art.  4,  sec.  598.    P.  L.  L.,  (1888)  Art.  4,  sees.  564,  565. 

138.  All  persons  hereafter  sentenced  to  be  imprisoned  in 
said  jail  for  offences  by  the  Criminal  Court  of  Baltimore  shall 
be  kept  on  prison  fare,  and  not  be  allowed  any  other  food  or 
drink,  unless  by  the  written  direction  of  the  physician  of  the 
iail. 

CONVICTS. 

1880,  ch.  4.     P.  L.  L.,   (1888)  Art.  4,  sec.  568. 

139.  All  persons  who  shall  hereafter  be  convicted  of  any 
offense  punishable  by  confinement  in  said  Baltimore  City  Jail, 
and  confined  in  said  jail  under  a  sentence  for  a  longer  period 
than  two  calendar  months,  shall  each  have  a  deduction  from 
their  several  terms  of  sentence  of  five  days  for  each  and  every 
calendar  month  during  which  no  charge  of  misconduct  shall 
have  been  sustained  against  them,  and  they  sliall  be  discharged 
at  tlie  expiration  of  their  respective  terms  of  senten(!e,  less  the 
time  so  deducted,  and  a  certificate  of  the  Warden  of  said  Jail 
of  such   deduction   shall   be  entered  on  the   warrant  of  com- 


132 

mitment ;  provided,  that  if,  during  the  term  of  imprisonment, 
the  prisoner  shall  commit  any  act  of  insubordination  or  other 
violation  of  discipline,  the  Visitors  to  the  Jail  may,  at  their 
discretion,  reduce  and  annul  entirely  such  deductions. 

P.  L.  L.,  (1860)  Art.  4,  sec.  159.    P.  L.  L.,  (1888)  Art.  4,.  sec.  569. 

140.  All  persons  confined  in  said  jail  under  the  provisions 
of  the  preceding  section  shall  be  kept  separate  from  such  per- 
sons as  are  in  confinement  for  offenses  other  than  those  re- 
ferred to  in  the  preceding  section,  or  who  may  be  awaiting  trial. 

VAGEAl^TS. 

1862,  ch.  8.    P.  L.  L.,  (1888)  Art.  4.  sec.  570. 

141.  The  Warden  of  the  Baltimore  City  Jail  shall  prepare 
and  send  to  the  Judge  of  the  Criminal  Court  of  Baltimore,  on 
each  and  every  Saturday,  a  full  and  complete  list  of  the 
names  of  all  persons  who  are  committed  to  his  custody  by  the 
Justices  of  the  Peace  of  said  city,  either  as  vagrants  or  in 
default  of  security  to  keep  the  peace ;  and  the  Judge  of  the  said 
Court  shall  have  full  power  to  review  the  said  commitments; 
and  upon  examination  of  the  various  cases  so  reported  to  him 
by  the  Warden  of  the  Jail  as  aforesaid,  he  shall  discharge  or 
recommit  the  said  parties  for  a  term  not  to  exceed  six  months, 
as  in  his  discretion  may  be  most  conducive  to  the  preservation  of 
public  peace  and  order.  The  Justices  of  the  Peace  of  the  City 
of  Baltimore  are  prohibited  from  charging  costs  in  the  cases 
above  named,  unless  the  parties  are  recommitted  by  order  of  the 
Judge  of  said  Court. 

1880,  ch.  51.     P.  L.  L.,   (1888)  Art.  4,  sec.  571. 

142.  When  any  person  arrested  in  the  City  of  Baltimore 
shall  be  held  in  custody  until  such  person  can  give  security  to 
keep  the  peace,  or  shall  be  committed  to  jail  or  the  House  of 
Correction  in  default  of  such  security,  such  person  shall  be 
chargeable  with  and  shall  pay  all  costs  prescribed  by  the  laws 
of  this  State  for  such  arrest,  commitment,  or  giving  security  to 
keep  the  peace,  and  in  default  of  the  payment  thereof  shall 
be  committed  to  jail  until  such  costs  and  the  costs  of  his  release 
shall  be  paid,  or  until  thence  discharged  by  due  course  of  law: 
and  said  costs  shall  be  accounted  for  and  paid  over  by  said 
respective  Justices  of  the  Peace  so  sitting  at  the  respective  sta- 
tion houses  in  the  manner  in  which  all  costs  paid  to  such  Justices 
of  the  Peace  so  respectively  sitting  at  such  station  houses  in  the 


133 

City  of  Baltimore,  are  now  or  may  hereafter  be  required  by  law 
to  be  accounted  for  and  paid   over. 

1886,  ch.  373.    P.  L.  L.,  (1888)  Art.  4,  sec.  572. 

143.  Whenever  any  person  has  been  committed  to  the  Bal- 
timore City  Jail  on  the  charge  of  drunkenness  or  disorderly 
conduct,  and  he  is  deemed  by  the  physician  in  charge  of  said 
jail  a  proper  subject  for  the  Almshouse,  the  Visitors  to  the  Jail 
shall  have  power  to  transfer  said  person  to  said  Almshouse. 

1886,  ch.  373.    P.  L.  L.,  (1888)  Art.  4,  sec.  573. 

144.  Whenever  any  person  has  been  committed  to  the  Bal- 
timore City  Jail  on  the  charge  of  drunkenness  or  disorderly 
conduct  who  is  affected  with  any  form  of  disease  that  in  the 
judgment  of  the  physician  of  said  jail  would  require  a  longer 
time  than  the  term  of  sentence  to  cure,  or  in  any  .case  where  the 
accommodation,  comfort,  care  and  nursing  cannot  be  furnished 
by  the  said  jail,  or  in  case  of  any  person  who  may  be  insane 
at  the  time  of  committal,  or  become  insane  during  the  term  for 
which  committed,  the  said  Visitors  to  the  Jail  shall  have  the 
power  to  release  and  send  such  person  to  his  or  her  home,  or  to 
some  infirmary,  hospital  or  to  the  Almshouse^,  where  provision 
has  been  made  by  the  City  of  Baltimore  for  the  reception  of 
such  cases. 

M.  &  C.  C.  of  Baltimore  v.  Keeley  Institute,  81  Md.  106. 

DEPARTMENT  OF  REVIEW  AND  ASSESSMENT. 

145.  There  shall  be  a  Department  of  Review  and  Assess- 
ment of  the  Mayor  and  City  Council  of  Baltimore,  composed 
of  the  x^ppeal  Tax  Court  and  the  Commissioners  for  Opening- 
Streets.  The  head  of  this  department  shall  be  the  Board  of 
Review  and  Assessment,  to  consist  of  the  President  of  the  Ap- 
peal Tax  Court,  the  President  of  the  Commissioners  for  Open- 
ing Streets,  and  the  Mayor  ex  officio.  The  President  of  the  said 
Court  shall  be  the  President  of  the  Board  of  Review  and  As- 
sessment. This  Board  shall  be  for  consultation  and  advice,  but 
it  shall  have  no  power  to  direct  or  control  either  sub-department. 
It  shall  perform  such  duties  as  may  be  prescribed  by  ordinances 
not  inconsistent  with  this  Article. 

APPEAL  TAX  COURT. 

1H74,  oh.  483.     1888,  ch.  98,  sec.  22.    P.  L.  L..  (1888)  Art.  4,  Sec.  842. 

146.  The  Appeal  Tax  Court  shall  be  the  first  sub-depart- 


134 

ment  of  Review  and  Assessment,  and  its  head  shall  be  a  bench 
composed  of  three  members,  appointed  by  the  Mayor  in  the  man- 
ner prescribed  in  section  25  of  this  Article,  and  removable  as 
therein  provided.  One  of  their  number  shall  be  President,  and 
shall  be  so  designated  when  appointed  by  the  Mayor.  Their 
term  of  office  shall  be  for  three  years,  one  member  to  retire  every 
year ;  except  that  the  members  of  the  Court  first  appointed  shall 
determine  by  lot  their  terms  of  office,  so  as  to  provide  for  the 
termination  of  the  term  of  one  member  each  at  the  end  of  the 
first  and  second  years.  Each  member  of  said  Court  shall  receive 
a  salary  of  two  thousand  dollars  per  annum,  payable  monthly. 
The  said  Court  shall  appoint  a  Clerk,  who  shall  receive  a  salary 
of  one  thousand  six  hundred  dollars  per  annum,  payable 
monthly,  and  shall  perform  such  duties  as  the  Court  may  pre- 
scribe. The  said  Court  may  also  appoint  such  other  employees 
as  the  city  by  ordinance  may  direct. 

Baltimore  City  v.  Johnson,  96  Md.  742.     Joesting  v.  Baltimore  City, 
97  Md.  596. 

1874,  ch.  483.    1888,  ch.  98,  sec.  22.    P.  L.  L.,  (1888)  Art.  4,  see.  842. 

147.  The  said  Court  shall  meet  from  time  to  time  for  the 
purpose  of  hearing  appeals  and  making  transfers  and  correcting 
the  accounts  of  assessable  property  charged  to  taxpayers,  and 
the  assessment  thereof.  The  said  Court  may  also  appoint  such 
number  of  assessors  as  they  may  deem  necessary  in  investigating 
and  ascertaining  all  omitted  and  taxable  property,  and  assessing 
and  returning  the  same  to  the  said  Court,  not  to  exceed  such 
number  as  by  ordinance  may  be  authorized. 

Robinson  v.  Baltimore,  93  Md.  208. 
The  Appeal  Tax  Court  cannot  be  required  to  sit  as  a  Court  of  review. 

Consol.  Gas  Co.  v.  Baltimore,  101  Md.  541. 
Many  of  the  provisions  of  this  Article  relating  to  assessments  have 
been  embodied  from  Art.  50,  City  Code  (1893). 

1841,  ch.  23,  sec.  43.     1841,  ch.  116.     1847,  ch.  266,  sec.  16.     P.  G.  L., 

(1860)   Art.  81,  sec.  7.     1874,  ch.  483,  sec.  5.     P.  G.  L.,   (1888) 

Art.  81,  sec.  6.     1894,  ch.  165.     P.  G.  L.,  (1904) 

Art.  81,  sec.  7. 

148.  Every  assessor  provided  for  in  this  sub-division  of  this 
Article  shall  annually  inform  himself,  by  all  lawful  means, 
of  all  property,  real  and  personal,  and  stocks  or  investments 
in  the  city,  liable  to  taxation  or  assessment,  and  which  may 
have  been  omitted  in  the  assessment,  and  all  buildings  and  im- 
provements, and  all  property  created  or  acquired  since  the  last 
assessment,  and  shall  value  the  same  at  the  full  cash  value  there- 
of, and  shall  make  return  thereof  to  said  Court,  and  for  the  pur- 


135 

poses  of  this  section  the  said  assessors  are  hereby  clothed  with 
the  powers  of  general  assessors,  and  their  valuation  shall  be 
subject  to  revision  and  correction  by  said  Court. 

O'Neal  V.  Va.  &  Md.  Bridge  Co.,  IS  Md.  24.  Co.  Commr's  v.  Union 
Mining  Co.,  61  Md.  547.  Hopkins  v.  Baker,  78  Md.  363.  Hopkins  v. 
Van  Wyck.  SO  Md.  7.  Skinner  Dry  Dock  Co.  v.  Balto.  City,  96  Md.  40. 
Consol.  Gas  Co.  v.  Baltimore  City,  101  Md.  541. 

The  life  tenant  is  responsible  for  taxes,  Stansbury  v.  Nicholl,  Daily 
Record,  Aug.  2,  1901. 

1841,  ch.  266,  sec.  16.     P.  G.  L.,    (1860)   Art.  81,  sec.  8.     1874,  ch.  483, 

sec.  6.    P.  G.  L.,  (1888)  Art.  81,  sec.  7. 

P.  G.  L.,  (1904)  Art.  81,  sec.  8. 

149.  The  assessors  shall  be  allowed  such  compensation  for 
the  performance  of  their  duties  as  the  citv  may  by  ordinance 
direct. 

1880,  cli.  230.     P.  L.  L.,    (1888)   Art.  4,  sec.  843. 

150.  Before  increasing  the  assessment  of  any  property  which 
has  been  theretofore  asssessed,  or  adding  any  new  property  not 
valued  and  returned  to  them  by  the  proper  assessor,  it  shall  be 
the  duty  of  the  said  Court,  as  the  case  may  be,  to  notify  the 
owner  of  such  property  by  written  or  printed  summons,  con- 
taining such  interrogatories  in  regard  to  the  property  as  they 
may  require  to  be  answered  on  oath,  and  appointing  a  certain 
day  for  such  owner  to  answer  such  interrogatories,  either  orally 
or  in  writing,  and  to  make  such  statement,  or  present  such  proof 
as  he  may  desire  in  the  premises;  and  such  notice  shall  be 
served  on  such  owner  or  left  at  his  place  of  abode  at  least  five 
days  before  the  day  of  hearing  appointed  in  such  summons. 
Such  owner  may  answer  the  interrogatories  contained  in  such 
summons,  and  may  appear  on  such  return  day  and  answer  the 
same  under  oath,  orally,  before  said  Court,  and  may  present 
such  testimony  as  he  may  desire  and  said  Court  may  think 
necessary  and  proper  to  be  heard.  In  case  such  owner,  after 
being  summoned,  shall  fail  to  answer  in  writing  on  oath,  or  to 
appear  and  answer  orally  such  interrogatories,  such  Court,  after 
such  return  day  has  passed,  may  proceed  to  re-value  and  re- 
assess said  property,  or  add  such  new  property,  according  to  its 
best  judgment  and  information  in  the  premises;  but  no  such 
re-valuation  and  re-assessment  shall  be  made  by  such  Court 
without  giving  such  notice ;  provided,  that  nothing  in  this  section 
shall  be  construed  to  apcly  to  the  valuation  and  assessment  of 
now  improvements  or  new  property  discovered  and  assessed 
and  returned  to  the  said  Court  by  the  proper  assessor  whose  duty 
it  is  to  assess  and  return  the  same. 


136 

Co.  Comm'rs  v.  Union  Mining  Co.,  61  Md.  546.  Allegliany  Co.  v.  N. 
Y.  Mining  Co.,  76  Md.  556.  Baltimore  Co.  v.  Winand,  77  Md.  524. 
Hopkins  v.  Van  Wyck,  SO  Md.  15,  17.  Myers  v.  Baltimore  Co.,  83  Md. 
393.  Balto.  C.  &  A.  R.  R.  Co.  v.  Wicomico  Co.,  93  Md.  113.  Gittings 
V.  Mayor,  95  Md,  419.  Skinner  Dry  Dock  Co.  v.  Baltimore,  96  Md.  40. 
Baltimore  City  v.  Poole,  97  Md.  70. 

1844,  ch.  234,  sec.  2.     P.  G.  L.,    (1860)    Art.  81,  sec.  98.     1874,  ch.  483. 

P.  G.  L.,  (1888)  Art.  81,  sec.  89.    P.  L.  L.,  (1888)  Art.  4,  sec. 

486.    P.  G.  L.,  (1904)  Art.  81,  sec.  104.    1908,  ch.  164. 

151.  The  Citj  Register  shall,  on  the  first  dav  of  each  and 
every  month  in  which  the  interest  on  city  stock  is  payable,  make 
out  and  deliver  to  the  said  court  a  full  and  accurate  list  of  the 
holders  of  all  public  stock,  the  interest  on  which  is  payable  in 
said  respective  month. 

Sec.  160  of  Art.  81,  Public  General  Laws,  Code  1904,  as  re-enacted 
by  Act  1906,  ch.  467,  reads  as  follows : 

160.  Any  corporation  having  a  capital  stock  divided  into  shares  and 
owning  as  an  investment  of  part  of  its  capital  any  of  the  stock  debt  of 
this  State  upon  which  the  State  Tax  has  been  deducted  by  the  Treasurer, 
or  of  the  stock  debt  of  the  City  of  Baltimore  on  which  the  State  Taxes 
have  been  paid  or  are  payable  by  said  City,  or  shares  in  any  bank  or 
other  corporation  of  this  State  upon  which  the  State  and  County  or  City 
taxes  are  levied  and  paid,  or  are  payable  by  such  bank  or  other  corpora- 
tion, may  report  the  same  in  detail  under  the  oath  of  the  President, 
Cashier,  Treasurer  or  other  proper  officer  to  the  State  Tax  Commissioner, 
and  the  amount  of  such  stock  debt  or  debts,  or  the  assessed  value  of 
such  capital  stock  so  owned,  and  upon  which  such  taxes  are  paid  or 
payable  as  aforesaid,  shall  be  allowed  as  a  credit  in  the  settlement  of 
the  taxes  on  the  shares  of  capital  stock  of  such  corporation  so  owning 
the  same ;  and  any  corporation  not  having  capital  stock  divided  into 
shares,  and  owning  as  an  investment  of  part  of  its  assets  any  of  the 
stock  debt  of  this  State  upon  which  the  State  tax  has  been  deducted 
by  the  Treasurer,  or  of  the  stock  debt  of  the  City  of  Baltimore  on  which 
the  State  taxes  have  been  paid  or  are  payable  by  said  City,  or  shares 
of  the  capital  stock  of  any  bank  or  other  corporation  of  this  State,  upon 
which  the  State  and  County  or  City  taxes  are  levied  and  paid,  or  are 
payable  by  such  bank  or  other  corporation,  may  report  the  same  in 
detail,  under  the  oath  of  its  President.  Cashier,  Treasurer  or  other 
proper  officer  to  the  State  Tax  Commissioner,  and  the  amount  of  such 
stock  debt  or  debts,  or  the  assessed  value  of  such  shares  of  capital  stock 
so  owned,  and  upon  which  such  taxes  have  been  paid  or  are  payable  as 
aforesaid,  shall  be  allowed  as  a  credit  in  the  settlement  of  the  taxes  on 
the  assets  of  such  corporation  so  owning  the  same ;  but  no  credit  shall 
be  allowed  to  any  sueh  corporations  by  reason  of  any  investments  on 
which  the  taxes  are  not  paid  or  payable  as  aforesaid,  nor  by  reason  of 
the  ownership  by  said  corporation  or  corporations  of  the  stock  debt  of 
the  City  of  Baltimore  that  shall  be  hereafter  issued  under  the  loans 
authorized  by  Chapters  274.  338  and  349  of  the  Acts  of  the  General 
Assembly  of  Maryland  for  1904,  known  as  the  Annex.  Park  Extensions 
and  Sewer  Loans,  respectively,  or  under  any  other  loans  that  may  be 


137 

hereafter  authorized  by  the  General  Assembly  of  Maryland,  provided, 
however,  that  a  credit  shall  be  allowed  to  any  such  corporation  by  reason 
of  its  ownership  of  Baltimore  City  Burnt  District  Loan  Stock,  issued 
under  Chapter  468  of  the  Acts  of  1904,  the  Water  Loan  issued  under 
Chapter  333  of  the  Acts  1902,  and  the  Conduit  Loan  issued  under  Chap- 
ter 246  of  the  Acts  of  1902,  whether  heretofore  or  hereafter  issued ;  nor 
shall  such  credits  be  allowed  in  any  case  where  the  officer  making  such 
return  for  such  corporation  shall  fail  to  state  in  such  return  that  said 
investments  are  owned  by  the  corporation  of  which  he  is  such  officer, 
and  are  not  held  by  such  corporation  as  security  for  any  loan,  or  as  a 
collateral  security  for  any  payment,  or  other  purpose. 

1844,  ch.  234,  sec.  3.     P.  G.  L.,    (1860)   Art.  81,  see.  99.     1874,  ch.  483. 

P.  G.  L.,  (1888)  Art.  81,  sec.  90.     P.  L.  L.,  (1888)  Art.  4, 

sec.  847.    P.  G.  L.,  (1904)  Art.  81.  sec.  105. 

152.  The  said  Court  shall  in  each  year  carefully  examine 
the  said  lists  and  correct  the  same  by  striking  therefrom  all 
the  holders  of  said  stock  who  may  be  exempt  from  taxation  on 
said  stock,  and  shall,  on  or  before  the  first  day  of  September, 
annually  deliver  one  copy  of  the  said  list,  as  corrected  by  them, 
to  the  City  Register,  and  one  copy  thereof  to  the  State  Comp- 
troller, setting  forth  distinctly  in  said  copies  the  assessed  value 
of  the  stock  mentioned  therein. 

1844,  ch.  234,  sec.  4.     P.  G.  L.,    (1860)   Art.  81,  sec.  100.     1874,  ch.  483, 

sec.  92.     P.  G.  L.,  (1888)  Art.  81,  sec.  91.    P.  L.  L.,  (1888) 

Art.  4,  sec.  848.     P.  G.  L.,   (1904)  Art.  81,  sec. 

106.  1908,  ch.  164. 

153.  The  City  Register  shall  retain  from  the  interest  paid 

oil  the  several  city  loans  to  the  holders  thereof,  included  in  tbe 

said  corrected  list  returned  to  him  by  the  said  Court,  the  State 

tax  imposed  for  the  current  year  on  such  loans  by  the  Code  of 

Public  General  Laws.    He  shall  make  such  deductions  from  the 

installments  of  interest  payable  from  time  to  time  on  said  city 

stock,  and  he  shall,  as  soon  as  practicable  after  the  first  day  of 

September  in  each  year,  pay  over  such  State  taxes  to  the  State 

Comptroller. 

The  provisions  of  this  section  arc  rendered  obsolete  by  Act  of  1914, 
Chapter  43. 

1844,  ch.  234,  sec.  5.     P.  G.  L.,   (1860)   Art.  81,  sec.  101.     1874,  ch.  483, 

sec.  93.     P.  G.  L.,   (18&8)  Art.  81,  sec.  92.     P.  L.  L..   (1888) 

Art.  4,  sec.  849.     I'.  G.  L.,  (1904)  Art.  81,  sec. 

107.  1908,  ch.  164. 

154.  If  the  City  Register-,  shall,  at  any  time,  fail  to  make 
out  and  deliver  to  the  said  Court  the  list  of  holders  of  said  stock 
loans,  as  herein  required,  it  shall  be  the  duty  of  the  said  Court 


\ 


138 

to  ascertain  in  such  manner  as  they  may  deem  most  accurate, 
the  amount  of  said  stock  loans  of  the  City  of  Baltimore  out- 
standing on  the  first  day  of  each  and  every  month  in  which 
the  interest  on  said  city  stock  is  payable  in  the  year  in  which 
such  failure,  or  refusal,  shall  take  place,  and  on  or  before  the 
first  day  of  September  in  said  year,  make  and  deliver  one  copy 
of  a  statement  certified  by  them,  showing  the  amount  of  said 
stock  so  ascertained  by  them,  and  its  assessed  value  to  the  City 
Register,  and  one  copy  thereof  to  the  State  Comptroller;  and 
the  City  Register  shall  thereupon  pay  the  tax  aforesaid,  which 
he  is  in  section  153  of  this  Article  directed  to  deduct  from  the 
interest  payable  on  said  loans,  but  the  City  Register  shall  not 
be  required  to  set  apart  and  pay  over  the  said  tax  on  any  part 
of  said  stock  loans  which  he  may  satisfy  the  State  Comptroller 
by  a  certificate  to  that  effect,  signed  by  the  said  Court,  or  by 
other  satisfactory  evidence  was  held  on  the  first  day  of  the 
month  in  which  the  interest  on  said  city  stock  was  payable  in  the 
year  for  which  the  tax  may  become  due  by  any  person  entitled 
under  the  laws  of  this  State  to  hold  the  same  free  from  taxation. 
Under  Sections  151  to  154,  city  liable  for  State  tax  on  its  stock. 
Baltimore  v.  State,  105  Md.  2. 
(City  stock  exempted  by  Act  of  1914,  Chapter  43). 

1844,  ch.  234,  sec.  6.     P.  G.  L.,   (1860)   Art.  81,  sec.  102.     1874,  ch.  483, 

sec.  94.     P.  G.  L.,   (1888)  Art  81,  sec.  93.    P.  L.  L.,  (1888) 

Art.  4,  sec.  850.     1892,  ch.  567.    P.  G.  L.,  1904, 

Art.  81,  sec.  108. 

155.  Each  member  of  the  said  Court  shall  receive  fifty  dol- 
lars, annually,  for  the  services  required  in  the  three  preceding 
sections ;  and  the  City  Register,  the  sum  of  three  hundred  dol- 
lars for  the  services  therein  required  of  him;  the  said  sums 
to  be  paid  by  the  Treasurer  on  the  warrant  of  the  State  Comp- 
troller in  pursuance  of  Article  81,  section  108,  of  the  Code 
of  Public  General  Laws. 

1906,  ch.  84.     P.  G.  L.,  ,(1904)  Art.  81,  sec.  138. 

155a.  The  president  or  other  proper  officer  of  the  banks, 
State  and  National,  and  other  incorporated  institutions  in  the 
several  counties,  the  City  of  Baltimore  and  other  incorporated 
towns  of  Maryland,  shall  annually  on  or  before  the  first  day 
of  March,  furnish  to  the  County  Commissioners  of  each  County 
or  the  Appeal  Tax  Court  of  Baltimore  City  and  the  City  Clerk 
of  each  city,  town  or  village  incorporated  in  the  State  of  IMary- 
land,  in  which  any  of  its  stockholders  may  reside,  a  list  of  the 
said  stockholders,   so  far  as  their  place  of  residence  may  be 


139 

known  to  such  officer,  together  with  the  number  of  shares  of 
stock  held  by  each.  Said  list  shall  show  the  stockholders  of 
such  banks  and  other  incorporated  institutions  as  they  stand 
on  the  hrst  day  of  January  preceding,  together  with  their  resi- 
dences and  the  number  of  shares  held  by  each  on  said  date,  and 
the  taxable  value  of  such  respective  shares  of  stock,  ascertained 
as  hereinafter  provided,  shall  for  county  and  municipal  pur- 
poses be  valued  to  the  owners  thereof  in  the  manner  hereinafter 
as  of  the  preceding  first  day  of  January  of  each  year,  and  taxes 
thereon  shall  be  collected  for  such  banks  and  other  incorporated 
institutions  in  the  manner  hereinafter  provided  as  of  said  first 
day  of  January.  In  case  the  president  or  other  proper  officer  of 
said  bank  or  other  corporation  fail  or  refuse  to  furnish  a  state- 
ment as  herein  required  to  the  County  Commissioners  or  Appeal 
Tax  Court  or  City  Clerk  aforesaid,  on  or  before  the  day  herein- 
before specified  for  that  purpose,  then  for  each  day  that. shall 
thereafter  elapse  until  the  said  statement  shall  be  furnished, 
the  said  bank  or  other  corporation  shall  pay  to  the  County  Com- 
missioners, or  Mayor  and  City  Council  of  Baltimore,  or  other 
municipal  corporation,  as  the  case  may  be,  the  sum  of  one  hun- 
dred dollars,  and  for  the  valuation  and  effectual  collection  of 
taxes  assessed  on  the  stock  of  banks  or  other  incorporated  insti- 
tutions, held  by  non-residents,  the  president  or  other  proper 
officer  of  the  corporation  shall  annually  on  or  before  the  first  day  ' 
of  March  make  out  and  deliver  to  the  County  Commissioners 
of  the  County  or  the  Appeal  Tax  Court  or  City  Clerk  of  the 
municipal  corporation  where  said  corporation  is  situate,  an 
account  of  the  number  of  shares  of  stock  in  such  corporation 
held  by  persons  not  residents  of  this  State  as  of  the  first  day 
of  January  preceding,  and  the  same  shall  be  valued  at  its  actual 
cash  value,  to  and  in  the  name  of  such  stockholders  respectively 
as  of  said  first  day  of  January  preceding ;  but  the  tax  assessed  on 
such  stock  shall  be  levied  and  collected  from  said  corporation, 
and  may  be  charged  to  the  account  of  such  non-resident  stock- 
holders in  the  said  corporation,  and  shall  be  a  lien  on  the  stocks 
therein  held  by  such  stockholders,  respectively,  until  paid,  and 
in  no  case  shall  the  stock  of  any  corporation,  in  the  aggregate, 
be  valued  at  less  than  the  full  value  of  the  real  estate  aud  chat- 
tels, real  or  personal,  held  by  or  belonging  to  such  corporation 
in  the  several  counties  and  City  of  Baltimore,  whether  the 
shares  of  said  stock  are  quoted  on  the  market  or  not;  in  case 
of  faihu'e  or  refusal  to  comply  with  this  requii-cnient,  the  said 
bank  or  other  incorporated  institution  slnill  be  liable  to  the 
peiudty  hereinbefore  prescribed,  and  the  president  and  cashier 
or  treasurer  of  any  such  bank  or  other  incorporated  institution 


140 

failing  to  comply  in  every  respect  with  the  provisions  of  this 
section  shall  be  liable  to  indictment  therefor,  and  on  conviction 
shall  be  fined  not  less  than  five  hundred  dollars  nor  more  than 
five  thousand  dollars,  in  the  discretion  of  the  Court,  and  shall 
stand  committed  until  such  fine  is  paid. 

1843,  ch.  208,  sec.  17.     1847,  ch.  266,  sec.  15.     P.  G.  L.,   (1860)  Art.  81, 

sec.  18.     1874,  ch.  483,  sec.  16.     P.  G.  L.,   (1888)  Art.  81, 

sec.  17.     P.  G.  L.,   (1904)  Art.  81,  sec.  15. 

156.  Whenever  any  person  shall  make  application  for  an 
allowance  or  deduction  on  account  of  the  sale,  transfer,  aliena- 
tion, loss  or  removal  of  any  property,  or  the  collection  or  pay- 
ment of  any  public  or  private  security  for  money,  the  said 
Court  shall  interrogate  him  on  oath  in  reference  thereto, 
and  the  disposal  of  the  same,  and  especially  inquire  of  him  to 
whom  the  same  has  been  sold  or  transferred,  and  the  amount  of 
the  purchase  money  or  the  money  collected,  and  how  the  same 
has  been  invested. 

Skinner  &  Sons  Co.  v.  Baltimore  City,  96  Md.  32. 

1847,  ch.  266,  sec.  15.     P.  G.  L.,   (1860)   Art.  81,  sec.  19.     1874,  ch.  483, 

sec.  17.    P.  G.  L.,  (1888)  Art.  81,  sec.  18. 

P.  G.  L.,    (1904)   Art.  81.  sec.  16. 

157.  The  said  Court  shall  also  interrogate  the  said  person 
on  oath  in  reference  to  any  acquisitions  or  investments  made 
by  him,  and  not  already  assessed,  and  the  amount  of  all  such 
acquisitions  and  investments  shall  be  added  to  his  assessable 
property,  and  if  he  refuses  to  answer,  no  allowance  or  deduction 
shall  be  made;  they  shall  also  have  power  to  summon  before 
them  any  person  whom  they  may  know  or  be  credibly  informed 
has  acquired  new  property,  or  whose  account  of  taxable  property 
may,  in  their  judgment,  require  revision  and  correction,  and 
examine  such  person  on  oath  touching  the  same ;  and  any  person 
so  summoned,  and  refusing  to  appear,  and  any  person  refusing 
to  be  sworn,  or  to  answer  touching  said  amount  or  touching  his 
or  her  property,  shall  be  liable  to  prosecution  therefor,  and, 
upon  conviction,  shall  be  fined  not  exceeding  fifty  dollars  for 
each  offence,  to  be  collected  as  other  fines  are  collected. 

Co.  Comm'rs  v.  Winand,  77  Md.  524.  Hopkins  v.  Van  Wyck,  80  Md. 
15,  17.     Skinner  &  Sons  Co.  v.  Baltimore,  96  Md.  .32. 

Appeal  Tax  Court  has  power  to  change  classification  in  annex,  when 
physicial  condition  justifies  change. 

Sams  V.  Fisher,  106  Md.  155,  162. 

But  Equity  can  set  aside  classification  if  physical  facts  do  not  justify. 

City  V.  Gail.  106  Md.  684.  Baltimore  v.  Schaefer.  107  Md.  40.  Coulston 
V.  City,  109  Md.  271. 


141 

1841,  ch.  23.  sec.  41.     P.  G.  L.,    (1860)   Art.  81,  sec.  20.     1874,  ch.  483, 

sec.  18.     P.  G.  L.,   (1888)   Art.  81,  sec.  19. 

P.  G.  L.,    (1904)   Art.  81,  sec.  19. 

158.  Any  person  who  shall  remove  to  the  City  of  Baltimore 

from  any  County  or  City  in  which  his  property  has  been  as- 
sessed, and  whose  personal  property  has  not  been  assessed  in  the 
City  of  Baltimore,  or  any  person  whose  property  or  some  part 
thereof,  has  not  been  assessed,  shall,  when  required  by  said 
Court,  give  to  said  Court  a  full  and  particular  account  of  his 
personal  property  in  the  County  or  City  from  which  h,e  has 
removed  and  of  all  the  personal  property  in  his  possession  or 
under  his  care  and  management,  liable  to  be  assessed,  and 
which  before  that  time  shall  not  have  been  assessed  in  the  City 
of  Baltimore,  and  the  name  of  the  person  to  whom  it  belongs. 
Hopkins  v.  Van  Wyck,  80  Md.  15,  17. 

1841,  ch.  23.  sees.  14,  41,  42.    P.  G.  L.,   (1860)  Art.  81,  sec.  21.     1874,  ch. 

483,  sec.  19.     P.  G.  L.,   (1888)   Art.  81,  sec.  20. 

P.  G.  L..   (1904)  Art.  81,  sec.  20. 

159.  If  any  person  shall,  when  required  by  said  Court,  after 
ten  days'  notice,  neglect  to  render  the  account  required  in  the 
last  preceding  section,  he  shall  be  fined  a  sum  not  exceeding  fifty 
dollars,  to  be  collected  as  other  fines  are  collected ;  and  the 
said  Court  shall,  on  its  own  knowledge  and  on  the  best  informa- 
tion they  can  obtain  value  the  property  of  such  person  to  the  ut- 
most sum  they  believe  the  same  to  be  worth  in  cash,  and  on 
the  return  of  said  valuation  they  shall  certify  the  said  refusal 
or  neglect,  and  the  said  Court  shall  assess  such  person  according 
to  the  sum  so  returned,  and  the  same  shall  be  collected  as  the 
assessment. 

1843.  ch.  208,  sec  18.     P.  G.  L.,    (1860)   Art.  81,  sec.  22.     1874,  ch.  483, 

sec.  20.     P.  G.  L.,   (1888)  Art.  81,  sec.  21.    P.  G.  L., 

(1904)   Art.  81,  sec.  21. 

160.  Whenever  any  person  shajl  apply  to  the  said  Court 
for  allowance  or  reduction  on  account  of  the  removal  of  property 
from  the  City  of  Baltimore  to  a  County  or  City,  the  said  Court 
shall  ascertain  of  the  party  applying  to  what  place  within  tlie 
State  the  property  has  been  removed,  and  sliall  inform  the 
proper  authorities  of  the  place  to  which  the  property  is  removed 
of  the  fact  of  such  removal. 

1841,  ch.  23,  sec.  27.     P.  G.  L.,    (1800)    Art.  81,  sec.  24.     1S74, 

ch.  483,  sec.  22.    P.  G.  L.,  (1888)  Art  81,  sec.  23. 

P.  G.  L..    (1904)   Art.  81.  sec.  23. 

161.  The  said  Court  shall  direct  their  clerk  to  enter  and 


142 

record  in  a  book  or  books,  to  be  provided  for  the  purpose,  an 

accurate  and  fair  account  of  all  property  of  every  sort  V7itliin 

the  City  of  Baltimore,  subject  to  taxation,  and  the  valuation 

and  assessment  thereof,  and  an  alphabetical  list  of  the  owners 

thereof,  properly  arranged,  according  to  the  several  wards  of 

the  City  of  Baltimore  and  a  correct  description  and  location 

of  the  said  property  so  valued  and  assessed.     Any  owner  of 

property  shall  at  all  times  be  permitted  to  inspect  the  record 

of  his  own  property  contained  in  said  book. 

O'Neal  V.  Virginia  &  Md.  Bridge  Co.,  18  Md.  24.     Tasker  v.  Garrett 
Co.,  82  Md.  154. 

1844,  ch.  236,  sec.  19.     P.  G.  L.,    (1860)   Art.  81,  sec.  25.     1874, 

ch.  483,  sec.  23.    P.  G.  L.,  (1888)  Art.  81,  sec.  24. 

P.  G.  L.,  (1904)  Art.  81,  sec.  24. 

162.  The  Clerk  of  said  Court  shall  transmit  to  the  State 
Comptroller  annually,  within  thirty  days  after  the  annual  levy 
of  taxes  for  the  State,  a  return  of  the  assessments  of  property 
in  the  City  of  Baltimore,  showing  the  amount  thereof;  and 
for  neglecting  or  refusing  to  perform  this  duty  the  clerk  so  neg- 
lecting or  refusing  shall  be  subject  to  presentment,  and  upon 
conviction  thereof  in  the  Criminal  Court  of  Baltimore  City,  to 
a  penalty  of  one  hundred  dollars,  for  the  use  of  the  State. 

1844,  ch.  236,  sec.  20.     P.  G.  L.,   (1860)  Art.  81,  sec.  26.     1874 

ch.  483,  sec.  24.    P.  G.  L.,  (1888)  Art.  81,  sec.  25. 

P.  G.  L.,   (1904)  Art.  81,  sec.  25. 

163.  The  State's  Attorney  of  the  City  of  Baltimore  shall 
give  information  of  such  neglect  or  refusal  to  discharge  the 
duties  prescribed  in  the  preceding  section  to  the  Grand  Jury 
of  the  city,  upon  being  advised  thereof  by  the  State  Comp- 
troller. 

164.  Kepealed  by  Act  1900,  ch.  4. 

1900.  ch.  347.     1914,  ch.  532. 

164A.  The  Appeal  Tax  Court  of  Baltimore  City  shall  have 
the  power  at  any  time  to  value  and  assess  all  personal  property 
and  to  revise  such  valuations  and  assessments,  and  to  value  and 
assess  and  to  revise  all  valuations  and  assessments  of  real  prop- 
erty in  said  city,  and  to  lower  or  increase  said  assessment  of  real 
or  personal  property,  and  to  take  steps  for  the  discovery  and 
assessment  of  all  unassessed  property  of  every  kind.  And  it 
shall  be  the  duty  of  said  Court,  at  least  once  in  every  five  years, 
to  carefully  make  such  general  revision  of  all  of  the  assessable 


143 

property  in  said  city.  Wlienever  said  Court  shall  propose  to 
alter  or  change  any  assessment,  or  make  any  new  assessment, 
they  shall,  before  such  assessment  is  made,  give  at  least  ten 
days'  notice  thereof,  in  writing,  served  upon  the  owner  of  the 
property  to  be  assessed  or  re-assessed,  or  upon  the  person  in  pos- 
session of  the  property  to  be  assessed,  or  in  whose  custody  the 
same  may  be,  or,  if  it  be  land  and  one  be  in  apparent  occu- 
pancy thereof,  then  by  a  notice  posted  on  said  land.  Said  notice 
shall  contain  such  interrogatories  as  may  be  reasonably  neces- 
sary to  enable  said  Court  to  correctly  assess  the  property.  Said 
interrogatories  shall  be  answered,  signed  and  sworn  to  by  the 
owner  of  the  property,  or  by  the  authorized  agent  of  such  owner, 
having  knowledge  of  the  facts  inquired  for  in  said  interroga- 
tories. Such  affidavit  may  be  made  before  any  Judge  of  the 
Appeal  Tax  Court,  or  any  assessor  thereof,  who  is  hereby  auth- 
orized to  take  the  same,  and  who  shall  take  the  same  without 
charge;  or  such  affidavit  may  be  made  before  any  officer  auth- 
orized by  law  to  take  affidavits.  If  any  person  upon  wdiom  such 
interrogatories  are  served  shall  neglect  or  refuse  to  answer,  sign 
and  make  oath  to  the  same,  personally  or  by  authorized  agent  as 
aforesaid,  within  ten  days  after  service  of  the  same,  the  Appeal 
Tax  Court  shall  proceed  to  assess  the  property  therein  referred 
to,  according  to  law,  upon  their  best  information  and  judgment 
in  the  premises,  and  shall  add  thereto  an  additional  assessment 
of  20%  of  the  amount  of  such  assessment  so  ascertained,  as  a 
penalty  for  such  failure  or  refusal  to  answer  said  interrogatories. 
Said  additional  assessment  may  be  abated,  in  whole  or  in  part, 
by  the  Appeal  Tax  Court,  at  any  time  before  October  first  iu 
any  year,  to  take  effect  for  the  ensuing  year,  upon  the  filing  of 
said  interrogatories  answered,  signed  and  sworn  to  as  above 
provided,  and  the  Court  shall  thereupon  fix  the  assessment  at 
such  figure  as  will  represent  the  proper  valuation  of  such  prop- 
erty. Nothing  herein,  or  done  in  pursuance  hereof,  shall  be 
construed  to  relieve  any  escaped  or  omitted  property  from  being- 
assessed  when  discovered,  as  may  be  provided  by  law.  The  said 
Court,  in  order  to  make  any  valuation,  assessment,  revaluation  or 
reassessment,  shall  have  power  to  summon  before  it  any  person, 
and  to  interrogate  him  or  her  in  reference  to  the  existence,  situ- 
ation, ownership  or  value  of  any  property  liable  to  assessment 
by  said  Court,  or  in  reference  to  the  taxable  residence  of  any 
person,  and  any  person  so  summoned  and  refusing  to  appear, 
and  any  person  refusing  to  be  sworn,  or  to  answer  touching 
said  value,  revaluation  or  assessment,  or  toucliing  his  or  hrr 
property,  or  tou(;hing  any  other  fact  relevant  to  any  inquiry 


144 

before  said  Court,  shall  be  liable  to  prosecution  therefor,  and, 
upon  conviction,  shall  be  fined  not  exceeding  one  hundred  dol- 
lars, to  be  collected  as  other  fines  are  collected. 

As  to  construction  of  provisions  of  Sec.  164A,  see,  Gittings  v.  Balti- 
more City,  95  Md.  425,  427.  Baltimore  City  v.  Johnson,  96  Md.  737. 
Baltimore  City  v.  Poole,  97  Md.  69.  Joesting  v.  Baltimore  City,  97  Md. 
596. 

As  to  rule  laid  down  in  construing  similar  provisions,  see:  Hopkins  v. 
Baker,  78  Md.  363.  Hopkins  v.  Van  Wyck,  80  Md.  7.  Clark  Distilling 
Co.  V.  Cumberland,  95  Md.  468. 

1900,  ch.  347. 

164B.  If  any  clerk,  assessor  or  employee  appointed  by  the 
Appeal  Tax  Court  shall  neglect  to  perform  the  duties  required 
of  him  by  law  or  by  said  Court,  he  shall  be  liable  to  be  dis- 
charged by  said  Court  in  its  discretion ;  and  if  any  such  clei;k, 
assessor  or  employee  shall  receive  any  consideration  or  payment 
designed  or  intended  to  influence  his  conduct  or  act  in  the  per- 
formance or  omission  of  his  duties  as  prescribed  by  law  or  by 
said  Court  as  such  clerk,  assessor  or  employee,  or  shall  corruptly 
do  or  permit  to  be  done  or  omit  to  do  any  act  in  discharge  of 
his  said  duties  he  shall  be  liable  to  immediate  dismissal  by  said 
Appeal  Tax  Court,  and  shall  be  also  liable  to  indictment  there- 
for, and  upon  conviction  shall  be  fined  not  exceeding  five  hun- 
dred dollars  for  each  offense  and  also  to  imprisonment  in  jail 
or  penitentiary  for  not  more  than  one  year,  in  the  discretion 
of  the  Court. 

P.  G.  L..  (1904)  Art.  81.  sec.  9. 

165.  The  Clerks  of  the  several  courts  in  the  City  of  Balti- 
more shall  annually,  on  or  before  the  first  day  of  October, 
transmit  to  the  said  Court  a  list  of  all  the  alienations  of  prop- 
erty, chancery  sales  made  by  trustees  and  finally  ratified,  and 
of  all  judgments  and  decrees  recorded  in  their  respective  offices 
or  rendered  in  their  respective  courts  since  they  last  furnished 
a  list  of  the  same,  which  list  shall  show  the  property  alienated, 
and  the  amount  due  on  the  judgments  or  decrees,  so  as  to  enable 
the  said  Court  to  assess  the  parties  to  whom  the  property  is 
conveyed  or  the  money  due. 

Richardson  v.  Simpson,  82  Md.  162. 

For  decisions  relating  to  taxes  on  property  in  custodia  legis,  and  in 
cases  of  sales  of  property  under  decrees,  see,  Fulton  v.  Nicholson,  7 
Md.  107.  Mayor,  etc.  v.  Sterling,  29  Md.  48.  Tuck  v.  Calvert,  33  Md. 
224.  Gould  V.  Baltimore,  58  Md.  52.  Hebb  v.  Moore,  66  Md.  170.  Degner 
V.  Baltimore,  74  Md.  144.  Casualty  Insurance  Go's,  case,  82  Md.  565. 
Cherbonnier  v.  Bussey,  92  Md.  420  et  seq. 


145 

1S41,  ch.  23,  sec.  38.    P.  G.  L.,  (1860)  Art.  81,  sec.  13.    1874,  ch.  483, 

sec.  11.    P.  G.  L.,  (1888)  Art.  81,  sec.  12.    P.  G.  L., 

(1904)   Art.  81,  sec.  13. 

166.  Xo  person  shall  be  chargeable  with  the  assessment  of 
property  which  he  may  have  alienated,  but  the  same  shall  be 
chargeable  to  the  alienee ;  and  the  said  Court  shall,  from  time 
to  time,  correct  the  account  of  any  person  who  may  have  parted 
with  the  possession  of  any  property,  and  the  same  so  taken  off 
shall  be  charged  to  the  person  who  may  have  acquired  posses- 
sion of  the  property,  unless  the  same  shall  have  been  removed 
from  the  city. 

Co.  Commrs.  v.  Clagett,  31  Md.  210.     Parlett  v.  Dugau,  85  Md.  413. 

1841,  ch.  23,  sec.  37.     P.  G.  L.,    (1860)   Art.  81,  sec.  14.     1874,  ch.  483, 

sec.  12.     P.  G.  L.,  (18SS)  Art.  81,  sec.  13.    P.  G.  L., 

(1904)  Art.  81.  sec,  14.     1914,  ch.  532. 

167.  The  said  Court  is  directed  to  alter  and  correct  the 
account  of  any  person  who  may  have  disposed  of  or  acquired 
any  property  since  the  last  assessment,  or  whose  property,  or 
any  part  thereof,  may  have  been  omitted,  if  the  report  of  such 
disposition,  acquisition  or  omission  be  supplied  by  satisfactory 
evidence;  and  if  real  estate  or  other  property  shall,  from  any 
cause,  have  increased  or  decreased  in  value  since  the  last  as- 
sessment, the  said  Court  shall  correct  and  alter  the  assessment 
of  the  same,  so  as  to  conform  to  its  present  value,  provided  that 
any  party  desiring  to  apply  to  the  Appeal  Tax  Court  for  a  re- 
valuation of  any  real  or  personal  property,  shall  make  such 
application  before  the  first  day  of  September,  in  order  to  be 
acted  on  so  as  to  take  effect  for  the  ensuing  year.  The  Appeal 
Tax  Court  shall  not  receive  or  act  upon  any  such  application 
made  after  the  first  day  of  September  in  any  year,  so  as  to 
affect  the  assessment  for  the  ensuing  year. 

Alleghany  Co.  v.  N.  Y.  Mining  Co.,  76  Md.  549.    Hopkins  v.  Van  Wyck, 
80  Md.  7.    B.  C.  &  A.  Ry.  Co.  v.  Wicomico  Co.,  93  Md.  113. 

1847,  ch.  266,  sec.  13.     P.  G.  L.,    (1860)   Art.  81,  sec.  10.     1874,  ch.  483, 

sec.  8.     P.  G.  L.,   (1888)   Art.  81,  sec.  9.     P.  G.  L., 

(1904)  Art.  81,  sec.  10. 

168.  The  Register  of  Wills  of  Baltimore  City  shall  iiiiimally, 
on  or  before  the  first  day  of  October,  return  to  the  said  Court 
a  summary  account  of  all  property  that  shall  appear  by  the 
records  of  the  Orphans'  Court  of  Baltimore  City  to  be  in  the 
hands  of  each  executor,  administrator,  or  guardian  as  such; 
and  all  such  property,  if  not  before  assessed,  shall  then  be  as- 
sessed, and  every  executor,  administrator  or  guardian  shall  be 


146 

liable  to  pay  the  taxes  levied  thereon,  and  shall  be  allowed  there- 
for by  the  Orphans'  Court  in  his  accounts,  and  the  said  Regis- 
ter of  Wills,  for  the  duties  imposed  by  this  section,  shall  be 
allowed  such  compensation  as  the  said  Anpeal  Tax  Court  may 
deem  proper.  Should  the  clerk  or  Register  fail  to  perform  the 
duties  imposed  by  this  section,  he  shall  be  guilty  of  a  misde- 
meanor, and  shall  be  liable  to  indictment,  and  on  conviction 
shall  be  fined  not  exceeding  one  hundred  dollars. 

Bonaparte  v.  State,  63  Md.  473.  Hopkins  v.  Van  Wyck,  80  Md.  14. 
Baldwin  v.  Washington  Co.,  85  Md.  156.     Baldwin  v.  State  use  of  Hull, 

89  Md.  590.    Nicodemus  v.  Hall,  93  Md.  367. 

Liability  of  executors  does  not  extend  to  payment  of  taxes  becoming 
due  after  the  settlement  and  distribution  of  the  estate,  although  the 
annual  valuation  and  assessment  upon  such  property,  as  well  as  the 
levy  thereon,  may  have  been  made  prior  to  such  settlement  and  distri- 
bution of  the  estate. 

Bamberger  v.  Baltimore,  125  Md.  * 

1847,  ch.  266,  sec.  14.     P.  G.  L.,   (1860)   Art.  81,  sec.  11.     1874,  ch.  483, 

sec.  9.     P.  G.  L.,   (1888)  Art.  81,  sec.  10.     P.  G.  L., 

(1904)  Art.  81,  sec.  11. 

169.  In  all  cases  where  discoveries  of  assessable  property 
are  made  by  the  said  Appeal  Tax  Court,  either  from  the  re- 
turns of  clerks,  registers  or  assessors,  or  in  any  other  way,  the 
said  Court  shall  assess  the  same,  and  add  the  same  to  the  amount 
on  which  taxes  are  to  be  levied. 

Hopkins  v.  Van  Wyck,  80  Md.  14.  Tasker  v.  Garrett  Co.,  82  Md.  153. 
Baldwin  v.  Wash.  Co.,  85  Md.  156.     Monticello,  etc.,  v.  Baltimore  City, 

90  Md.  429.     B.,  C.  &  A.  R.  R.  v.  Wicomico  Co.,  93  Md.  123. 

1896,  ch.  322.     P.   G.  L.,    (1888)    Art.  81,  sec.   18a.     P.   G.  L.,    (1904) 

Art.  81,  sec.  17.    1908,  ch.  167. 

170.  Any  person  or  persons,  or  corporation,  assessed  for 
real  or  personal  property  in  the  City  of  Baltimore  and  claiming 
to  be  aggrieved  because  of  any  assessment,  or  classification  made 
by  the  said  Court,  or  because  of  its  failure  to  reduce  or  abate, 
modify,  change  or  alter  any  existing  assessnient  or  classifica- 
tion may,  by  petition,  appeal  to  the  Baltimore  City  Court  to 
review  the  assessment  or  classification.  The  ]\Iayor  and  City 
Council  of  Baltimore  may  also  appeal  from  any  decision  of  said 
Court  to  the  Baltimore  City  Court  if  it  deem  the  public  interests 
require  that  the  decision  of  said  Court  should  be  reviewed.  The 
petition  in  such  appeal,  other  than  the  petition  of  the  city, 
shall  set  forth  that  the  assessment  or  classification  is  illegal, 
specifying  the  grounds  of  the  alleged  illegality,  or  is  erroneous 
by  reason  of  overvaluation,  or  other  error;  or  that  the  assess- 


147 

ment  is  unequal  in  that  the  said  assessment  has  been  made  by 
a  higher  proportion  of  valuation  than  other  real  or  personal 
property  on  the  same  tax  roll,  by  the  same  officers ;  and  that 
the  petitioner  is,  or  will  be  injured  by  such  alleged  illegality, 
inequality  or  erroneous  assessment  or  classification.  The  peti- 
tion of  the  Mayor  and  City  Council  of  Baltimore  shall  set  forth 
wherein  the  decision  of  said  Court  is  erroneous  and  such  other 
facts  as  may  be  necessary  to  inform  the  Baltimore  City  Court 
of  the  claim  of  the  city.  A  summons  shall  issue  for  the  re- 
spondent or  respondents  named  in  the  petition  of  the  city 
returnable  on  such  a  day  as  the  Baltimore  City  Court  may 
appoint  for  a  hearing  of  the  matter  averred  in  such  petition. 
All  such  appeals  shall  be  taken  within  thirty  days  after  an 
assessment,  or  classification,  has  been  made  as  aforesaid,  or 
within  thirty  days  after  the  refusal  to  reduce  or  abate,  modify, 
alter  or  change  an  existing  assessment,  or  classification,  or 
within  thirty  days  after  the  action  of  said  Court  complained  of 
by  the  city.  On  such  appeals  the  Baltimore  City  Court  shall 
appoint  a  day  for  hearing  said  appeals,  which  shall  not  be  less 
than  five  nor  more  than  thirty  days  after  the  expiration  of  the 
thirty  days'  limit  for  taking  appeals  as  aforesaid ;  and  shall 
direct  the  clerk  of  the  said  Baltimore  City  Court  to  issue  a 
subpoena  duces  tecum  to  the  judges  of  said  Appeal  Tax  Court, 
requiring  them  to  produce  and  deliver  to  said  Baltimore  City 
Court  the  record  of  the  proceedings  of  the  said  Appeal  Tax 
Court,  and  all  maps,  plats,  documents  and  other  papers  con- 
nected with  the  said  record ;  the  said  Baltimore  City  Court 
shall  have  full  power  to  hear  and  fully  examine  the  subject 
and  decide  on  said  appeals,  and  for  that  purpose  it  is  hereby 
authorized  and  empowered  to  adjourn  from  time  to  time,  and 
may  cause  all  or  any  of  such  appeals  to  be  consolidated,  or  may 
hear  and  decide  them  separately,  and  may  require  the  said 
judges  of  the  Appeal  Tax  Court,  their  clerks,  surveyors  or  other 
agents  and  servants,  or  any  of  them,  and  all  such  other  persons 
as  the  Baltimore  City  Court  may  deem  necessary  to  attend, 
and  examine  tliem  on  oath  or  affirmation;  and  may  permit  and 
require  all  such  explanation,  amendments  and  additions  to  be 
made  to  and  of  the  proceedings  as  the  Court  shall  deem  requi- 
site. The  person  or  the  city  appealing  to  the  said  Baltimore 
City  Court  shall  have  a  trial  before  the  Court  without  the 
intervention  of  a  jury,  and  the  Court,  sitting  without  a  jury, 
shall  hoar  the  case  do  novo,  and  shall  iisccrtain  and  dccich^  on 
the  j)ropor  assessment,  or  classification,  of  the  property  for  the 
year  involved  in  the  appeal ;  and  neither  the  action,  nor  the 


148 

record  of  the  proceedings,  of  the  judges  of  the  Appeal  Tax 
Court  in  the  premises  shall  be  held  to  be,  or  declared  void  for 
any  reason  whatsoever;  provided  due  notice  of  the  proceedings 
shall  have  been  given  to  the  parties  entitled  by  said  judges  of 
the  said  Appeal  Tax  Court ;  and  the  said  Baltimore  City  Court 
shall  assess  anew,  or  classify  anew,  as  the  case  may  be,  the 
property  forming  the  subject  of  the  appeal ;  provided,  however, 
that  in  the  absence  of  any  affirmative  evidence  to  the  contrary, 
the  assessment  or  classification  apealed  from  shall  be  affirmed. 
The  said  City  Court  shall  cause  the  proceedings  and  decisions 
on  said  appeals  to  be  entered  in  the  book  containing  the  record 
of  proceedings  of  the  said  Baltimore  City  Court,  certilied  by  the 
clerk  under  the  seal  of  the  Baltimore  City  Court,  and  the 
book  to  be  transmitted  to  the  judges  of  the  said  Appeal  Tax 
Court,  which  shall  be  final  and  conclusive  in  every  respect,  un- 
less an  appeal  be  taken  to  the  Court  of  Appeals.  Such  record 
book  or  Copy  of  the  proceedings  therein,  or  any  part  of  such 
proceedings,  whether  in  or  out  of  court,  certified  by  the  judges 
of  the  said  Appeal  Tax  Court,  under  seal  of  said  city,  shall 
be  evidence  in  any  court  in  this  State,  and  the  judge  of  said 
Baltimore  City  Court  shall  have  full  power,  in  his  discretion, 
to  require  the  cost  of  any  appeal  or  any  part  thereof  to  be 
paid  by  all  or  any  of  the  appellants  or  by  the  city,  as  the  cir- 
cumstances of  each  appeal,  in  his  opinion,  shall  justify.  In  no 
case  shall  any  such  appeal  stay  or  suspend  the  power  or  duty 
of  the  city  to  levy  or  collect  taxes  upon  the  property  involved 
in  said  appeal,  but  such  levy  and  collection  shall  proceed  in  all 
respects  as  if  no  appeal  had  been  taken.  If  a  final  judgment 
shall  not  be  given  in  time  to  enable  the  assessors,  judges  of  the 
Appeal  Tax  Court,  or  other  officers  to  make  a  new  or  correct 
statement  of  the  assessment,  or  classification,  for  the  use  of 
the  proper  authorities  in  levying  taxes,  and  if  it  shall  appear 
from  such  judgment  that  said  assessment  was  unequal  or  said 
assessment  or  classification  was  illegal  or  erroneous,  then  there 
shall  be  audited,  allowed  and  paid  to  the  petitioner  by  the 
Comptroller  the  amount,  with  interest  thereon  from  the  date  of 
the  pa;)anent,  in  excess  of  what  the  tax  should  have  been,  as  de- 
termined by  said  judgment,  or  order  of  the  Baltimore  City 
Court,  and  if  on  appeal  by  the  city,  the  Baltimore  City  Court 
should  decide  that  the  valuation  and  assessment  was  lowei- 
than  it  should  have  been,  or  that  the  classification  was  erroneous 
and  at  a  lower  rate  than  it  should  have  been,  or  that  the  property 
should  be  assessed  or  classified,  the  Baltimore  City  Court  shall 
ascertain  and  fix  the  valuation  and  assessment,  or  classification, 


149 

of  said  property,  then  the  Comptroller  shall  audit  and  charge 
the  respondent  or  respondents  with  the  difference  in  said  valua- 
tion, assessment  or  classification,  as  fixed  by  the  Baltimore  City 
Court  and  that  fixed  by  the  iVppeal  Tax  Court,  which  amount 
of  difference  shall  be  a  lien  on  the  property  involved  in  the  pro- 
ceedings. An  appeal  may  be  taken  to  the  Court  of  Appeals  by 
either  the  petitioner  or  petitioners,  or  the  city,  within  ten  days 
after  the  rendition  of  said  judgTaent  or  order  by  the  Baltimore 
City  Court,  and  the  record  shall  be  immediately  transmitted 
to  the  Court  of  Appeals,  which  Court  shall  immediately  hear 
and  determine  the  questions  involved  in  said  appeal. 

Monticello  Co.  v.  Mayor,  90  Md.  416,  432.  Fowble  v.  Kemp,  92  Md. 
633.  Baltimore  City  v.  Bonaparte,  93  Md.  156.  United  Rys.  &  Elec. 
Co.  V.  Baltimore  City.  93  Md.  631.  Baltimore  City  v.  Austin,  95  Md. 
90.  Gittings  v.  Baltimore,  95  Md.  419.  Baltimore  City  v.  Poole  &  Son, 
97  Md.  69.  Joesting  v.  Baltimore  City,  97  Md.  595.  Consol.  Gas  Co.  v. 
Balto.  City.,  101  Md.  541.     Wilkens  Co.  v.  M.  &  C.  C,  103  Md.  293. 

Ahatement  of  Taxes.  The  remedy  for  refusal  to  abate  an  assessment 
of  taxes  is  an  appeal  to  the  Baltimore  City  Court  under  section  170  of 
the  City  Charter  and  mandamus  will  not  lie  to  compel  abatement  by 
the  Appeal  Tax  Court.  Hoffman  v.  Sams,  Daily  Record,  January  10, 
1905. 

Easements  of  Public  Service  Corporations  in  streets  assessable  for 
taxation.  ^^^  Company  v.  City,  105  Md.,  43. 

Taxation — classification  and  assessment  of  property — notice — remedial 
statute  liberally  construed ;  "due  notice  if  notice  left  at  house  taxed." 
Wannenwetsch    v.    Baltimore,    115    Md.   446. 

Upon  appeal  to  Court  of  Appeals  under  this  section,  only  questions  of 
law  can  be  passed  on  by  the  Court  of  Appeals.  Hamburger  v.  City,  106 
Md.  481. 

But  where  classification  void  Equity  may  enjoin. 

City  V.  Gail,  106  Md.  684.  Le.ser  v.  Wagner,  119  Md.  671.  Balto.  v. 
Schaefer,  107  Md.  40. 

On  appeal  to  City  Court  from  assessment  made  of  property  for  tax- 
ation, the  pi'osumption  is  that  the  a.ssessment  is  correct,  and  the  duty  of 
opening  the  case  on  appeal  rests  on  the  property  owner.  Evidence 
admissible  to  prove  assessment. 

M.  &  C.  C.  V.  Clarence  H.  Hurlock,  Executor,  113  Md.  674. 

1900,  ch.  399. 

170a.  If  the  Mayor  and  City  Council  of  Baltimore  claim 
to  be  aggrieved  by  any  decision  of  the  State  Tax  Commissioner 
upon  any  valuation  and  assessment,  the  said  Mayor  and  City 
Council  of  Baltimore  may  appeal  from  said  decision  to  the 
Comptroller  of  the  Treasury  and  State  Treasurer.  If  no 
such  appeal  be  taken  within  thirty  days  from  any  decision  of 
the  Tax  Commissioner,  the  said  valuation  and  assessment  shall 
be  final;  ])nt   if  sn<'h   appeal   sliiill   be  taken   witliin   tliirty   dnys 


150 

from  any  decision,  there  shall  be  stated  in  such  appeal  the  rea- 
sons and  grounds  of  such  appeal;  and  said  Comptroller  and 
Treasurer  shall  consider  the  same,  and  if  the  Comptroller  and 
Treasurer  shall  both  be  of  the  opinion  that  such  valuation  and 
assessment  so  made  by  the  State  Tax  Commissioner  is  erroneous, 
and  ought  to  be  changed,  they  shall  change  the  same  accordingly, 
and  the  valuation  and  assessment  so  agreed  upon  by  the  Comp- 
troller and  Treasurer  shall  be  final ;  but  if  either  the  Comptroller 
or  Treasurer  shall  agree  with  the  State  Tax  Commissioner  as 
to  the  correctness  of  the  valuation  so  made  by  him,  then  such 
appeal  shall  be  dismissed,  and  the  original  valuation  shall  be 
and  remain  as  the  true  valuation. 

Monticello  v.  Baltimore,  90  Md.  416.     Fowble  v.  Kemp,  92  Md.  633. 

1914,  ch.  532. 

171.  In  the  year  eighteen  hundred  and  ninety-eight,  and 
in  all  succeeding  years  thereafter,  the  valuation  of  the  property 
subject  to  taxation  in  the  City  of  Baltimore,  as  it  shall  appear 
upon  the  assessment  books  of  said  Court  on  the  first  day  of 
October  in  each  and  every  year,  shall  be  final  and  conclusive, 
and  constitute  the  basis  upon  which  taxes  for  the  next  ensuing 
fiscal  year  shall  be  assessed  and  levied;  provided  that  the 
foregoing  provision  shall  not  apply  to  property  in  the  city 
liable  to  taxation,  and  which  may  have  escaped  or  which  may 
have  been  omitted  in  the  regular  course  of  valuation,  but  such 
property  shall  be  valued  and  assessed  and  the  owner  or  owners 
thereof  charged  with  current  taxes  and  back  taxes,  not  exceeding 
four  years,  justly  due  thereon,  whenever  the  same  may  be  dis- 
covered and  placed  upon  the  assessment  books ;  and  the  annual 
levy  for  each  and  every  year  shall  be  deemed  and  taken  to  have 
covered  and  embraced  all  property  which  was  not  assessed,  but 
which  ought  to  have  been  assessed,  for  the  year  for  which 
any  such  levy  was  made.  The  said  Court  shall,  on  the  first  day 
of  October,  or  as  soon  thereafter  as  practicable,  in  the  year 
nineteen  hundred  and  fourteen,  and  in  all  succeeding  years 
thereafter,  make  out  and  deliver  to  the  City  Collector  a  state- 
ment showing  the  valuation  and  assessment  of  all  the  property 
subject  to  taxation  in  said  city,  as  it  shall  appear  upon  the 
assessment  books  of  said  Court  on  said  first  day  of  October; 
such  statement  shall  contain  a  full  list  of  all  the  real  estate 
as  the  same  has  been  valued  and  assessed  by  blocks,  correspond- 
ing so  far  as  may  be  practicable  with  the  block  numbers  used 
in  the  Record  Ofiice  of  the  Superior  Court  of  Baltimore  City, 
with  the  location  and  description  of  such  piece  or  parcel  of 
ground    so    assessed    and    valued,    and    also   shall    contain    an 


151 

alphabetical  list  of  all  persons  to  whom  personal  property  has 
been  assessed.  The  said  statement  shall  be  known  as  the  taxable 
basis  for  the  next  ensuing  tiscal  year,  and  after  the  levy  of  taxes 
it  shall  be  designated  as  the  tax  roll  for  said  year.  Further,  the 
said  Appeal  Tax  Court  shall  submit  to  the  Board  of  Estimates 
on  the  first  day  of  October,  or  as  soon  thereafter  as  practicable, 
a  statement  of  the  total  valuation  of  the  respective  classes  of 
property  as  shown  on  the  annual  roll  submitted  by  the  Appeal 
Tax  Court  of  Baltimore  to  the  City  Collector.  The  said  Court 
shall  perform  such  other  duties  as  may  be  prescribed  by  law  or 
ordinances  not  inconsistent  with  this  Article. 

Skinner  Dry  Dock  Co.  v.  Baltimore,  96  Mel.  37-41.  Cochran  v.  Car- 
stairs,  95  Md.  509.    Baltimore  City  v.  Jenkins,  96  Md.  193. 

Sha7-es  of  Stock  in  domestic  corporations  are  not  "property"  under 
ttie  terms  of  section  171  of  the  City  Charter,  "which  when  discovered 
is  to  be  valued  and  assessed  by  the  Appeal  Tax  Court  and  the  owner  or 
owners  thereof  charged  with  back  and  current  taxes."  Balto.  Chrome 
Works  V.  Mayor  &  C.  C.  of  Balto.,  Daily  Record,  April  19.  1904. 

Compare  this  section  with  sec.  5,  Art.  50,  City  Code  (1893)  ;  See  dicta 
in  Hopkins  v.  Van  Wyck,  SO  Md.  15,  construing  same. 

Liability  of  executors  does  not  extend  to  payment  of  taxes  becoming 
due  after  the  settlement  and  distribution  of  the  estate,  although  the 
annual  valuation  and  assessment  upon  such  property,  as  well  as  the 
levy  thereon,  may  have  been  made  prior  to  such  settlement  and  distri- 
bution of  the  estate. 

Bamberger  v.  Baltimore,  125  Md. 

COMMISSIONERS  FOR  OPENING  STREETS. 

1912,   ch.   32. 

172.  The  Commissioners  for  Opening  Streets  shall  be  the 
second  sub-department  of  review  and  assessment,  and  the  head  of 
this  sub-department  shall  be  a  board  composed  of  three;  persons, 
appointed  by  the  Mayor  in  the  manner  prescribed  in  section 
25  of  this  Article,  and  removable  as  therein  provided.  One  of 
their  number  shall  be  president,  and  shall  be  so  designated 
when  appointed  by  the  Mayor.  Their  term  of  office  shall  be 
for  three  years,  one  commissioner  to  retire  every  year;  except 
that  the  commissioners  first  appointed  shall  determine  by  lot 
their  terms  of  ofi^ice,  so  as  to  provide  for  the  termination  of 
the  term  of  one  commissioner  each  at  the  end  of  the  first  and 
second  years.  The  said  commissioners  sliall  receive  a  salary 
of  one  thousand,  ciglit  Iiiiiidrod  dollars  each  per  annum,  paya- 
ble monthly.  The  said  commissioners  shall  be  charged  with 
tlif  dnty  of  o|)(']iing,  extending,  widening,  straightening,  and 
if  the  ordinance  so  provides,  grading  or  rlosing  any  street,  lane, 
alley   or   part   thereof,    situated    in    lialtiinore    City   whenever 


152 

the  same  shall  have  been  directed  by  ordinance  to  be  done,  and 
shall  perform  such  other  duties  as  the  Mayor  and  City  Council 
of  Baltimore,  may,  by  ordinance  prescribe.  The  said  Com- 
missioners shall  appoint  a  clerk,  who  shall  be  paid  a  salary  of 
one  thousand,  five  hundred  dollars  per  annum,  payable  monthly, 
and  shall  perform  such  duties  as  the  Commissioners  may  pre- 
scribe. The  said  Commissioners  may  also  appoint  such  other 
employees  as  the  Mayor  and  City  Council  of  Baltimore  by  ordi- 
nance may  direct,  and  fix  their  compensation,  not  to  exceed 
in  the  aggregate  the  amount  appropriated  by  ordinance. 
McClellan  v.  Marine,  98  Md.  53. 
Sections  172  to  195,  inclusive,  under  this  sub-title,  are  embodied  from 
the  City  Code  of  1893,  Art.  48,  sees.  1  to  27,  inclusive,  with  slight  modi- 
fications. 

173.  The  Clerk  of  said  Commissioners  shall  keep  a  record 
of  their  proceedings  in  a  book  provided  for  the  purpose,  and  in 
such  form  as  the  City  Solicitor  may  prescribe;  and  the  said 
Clerk  shall  record  in  said  book  all  orders  made  by  the  Com- 
missioners in  regard  to  the  performance  of  their  duties,  and 
make  true  copies  of  all  notices  by  them  directed  to  be  pub- 
lished, and  of  the  certificate  of  the  publication  thereof,  and  shall 
perform  such  other  clerical  duties  as  the  said  Commissioners 
shall  require. 

1912,  eh.  32. 

174.  When  the  said  Commissioners  shall  assess  a  sum  of 

money  to  be  paid  by  any  person  or  persons,  for  benefits  derived 

by  such  person  or  persons  from  opening,  extending,  widening, 

straightening,  grading,  curbing  or  closing  any  street,  lane  or 

alley,  or  part  thereof,  and  shall  assess  a  sum  of  money  to  be 

paid  to  the  same  person  or  persons  for  damages  sustained  by 

said  opening,  extending,  widening,  straightening  or  closing,  it 

shall  and  may  be  lawful  upon  a  certificate  of  title  from  the 

City  Solicitor,  for  the  City  Register  or  City  Collector  to  receive 

from  such  person  or  persons  an  assignment  for  the  sum  or  sums 

so  assessed  as  damages  aforesaid. 

As  to  rule  in  assessing  damages  and  benefits,  see,  M.  &  C.  C.  of  Ballo. 
V.  Smith,  80  Md.  458. 

1912,  eh.  32. 

175.  Whenever  the  Mayor  and  City  Council  shall  hereafter 
by  ordinance  direct  the  Commissioners  for  Opening  Streets 
to  lay  out,  open,  extend,  widen,  straighten,  grade  or  close  up, 
in  whole  or  in  part,  any  street,  square,  lane,  or  alley,  within 


153 

the  bounds  of  this  city,  the  said  Commissioners,  having  given 
the  notice  required  by  law  of  their  first  meeting  to  execute  the 
same,  shall  meet  at  the  time  and  place  mentioned  in  said  notice, 
and  from  time  to  time  thereafter,  as  may  be  necessary,  to  ex- 
ercise the  powers  and  perform  the  duties  required  of  them  by 
said  ordinance,  and  shall  ascertain  whether  any  and  what 
amount  of  value  in  damages  will  be  caused  to  the  owner  of  any 
right  or  interest  in  any  ground  or  improvements  within  or 
adjacent  to  the  City  of  Baltimore  by  such  opening,  extending, 
widening,  straightening  or  closing  for  which,  taking  into  con- 
sideration all  advantages  and  disadvantages,  such  o\vner  ought 
to  be  compensated;  and  the  said  Commissioners  having  ascer- 
tained the  whole  amount  of  damages  for  which  compensation 
ought  to  be  awarded,  as  aforesaid,  and  having  added  thereto  an 
estimate  of  the  probable  amount  of  expenses  which  will  be  in- 
curred by  them  in  the  performance  of  the  duties  required  of 
them  as  aforesaid,  in  which  they  may  include  a  sum  sufficient 
in  their  judgment  to  cover  the  expenses  and  contingencies  of 
litigation,  and  administration  expenses ,  shall  proceed  to  assess 
all  the  ground  and  improvements  within  and  adjacent  to  the 
city,  the  o^\Tiers  of  which,  as  such,  the  said  commissioners  shall 
decide  and  deem  to  be  directly  benefited  by  accomplishing  the 
object  authorized  in  the  ordinance  aforesaid ;  and  should  the 
direct  benefits,  assessed  as  aforesaid,  not  be  equal  to  the  damages 
and  expenses  incurred,  the  balance  of  said  expenses  and  damages 
shall  be  paid  by  the  City  Register,  and  provided  for  in  the  gen- 
eral levy,  or  out  of  funds  derived  from  loans,  if  properly  appli- 
cable thereto. 

Alexander  v.  Mayor,  5  Gill  383.  Moale  v.  Mayor,  5  Md.  314,  Hawley 
V.  Mayor,  33  Md,  270.  Page  v.  Mayor,  34  Md.  558,  N,  C,  Ry.  Co.  v. 
Mayor,  46  Md.  428,  Brooks  v.  Mayor,  48  Md,  265,  Central  Savings 
Bank  v,  Baltimore,  71  Md.  520-522.  Baltimore  v.  Rice,  73  Md,  307, 
Pitts  V,  Baltimore,  73  Md,  338,  Friedenwald  v.  Baltimore,  74  Md,  116, 
Burke  v.  Baltimore,  77  Md,  469,  M.  &  C,  C,  of  Baltimore  v.  Smith.  SO 
Md.  458.  Shanfelter  v,  M,  &  C.  C,  of  Baltimore,  SO  Md,  491,  Gluck  v, 
M.  &  C.  C,  of  Baltimore,  81  Md,  315.  Baltimore  City  v.  Fear,  82  Md, 
2.')4.  Baltimore  v.  Coates,  85  Md.  531.  Gardiner  v,  Baltimore  City,  96 
Md,  361,    B,.&  O,  R,  R,  Co,  v,  Baltimore  City,  98  Md,  535, 

Damages  from  change  of  grade  may  be  considered  when  part  of  lot 
is  being  taken, 

Baltimore  v,  Garrett,  120  Md,  608, 

Destruction  of  access  amounts  to  a  taking. 

Walters  v.  B.  &  O.,  120  Md.  644. 

But  merely  making  the  access  inconvenient  does  not  amount  to  a 
taking. 

P..  &  O.  V.  Kane,  124  Md.  231.  P..  &  O.  v.  Kabl.  124  Md.  200.  Balti- 
more V.  Bregenzer,  125  Md.  7S. 

Rule  as  to  damagos  and  benefits. 


154 

Baltimore  v.  Megary,  122  Md.  20.     (See  Section  175A). 

City  not  liable  for  consequential  damages  to  property  not  abutting  on 
the  part  of  the  street  closed.     Certain  rules  for  determining  damages. 
Ger.  Luth.  Church  v.  Baltimore,  123  Md.  142. 

The  words  "such  owner  ought  to  be  compensated"  construed  to  mean 
"such  as  he  ought  to  be  compensated  for  under  the  established  rules  of 
law  and  practice." 

Ger.  Luth.  Church  v.  Baltimore,  12.S  Md.  149. 

When  land  is  condemned  for  the  bed  of  a  public  street,  the  grade 
thereof  should  be  first  established. 

Baltimore  v.  Johnson,  123  Md.  320. 

Benefits  cannot  lawfully  be  assessed  against  abutting  property  until 
the  grade  of  the  proposed  street  has  been  first  established. 
Patterson  v.  Baltimore,  124  Md.  153. 

The  rule  that  damages  are  not  ordinarily  recoverable  for  injury  to 
adjacent  lands  caused  by  a  lawfiil  change  in  the  grade  of  a  public 
highway  is  confined  to  cases  in  which  no  part  of  the  abutting  property 
is  taken  for  that  purpose.  Where  the  grade  is  established  for  the  first 
time  on  opening  the  street,  the  cost  and  expense  of  making  the  abutting 
land  conform  to  the  use  of  the  street  should  be  considered  in  deter- 
mining the  extent  that  such  abutting  lands  are  benefited  by  the  opening. 
Baltimore  v.  Johnson.  123  Md.  320. 

The  measure  of  damages  is  the  market  value  of  the  land  actually  to 
be  taken,  and  a  due  allowance  of  damages  for  injury  to  the  remaining 
land. 

Patterson  v.  Baltimore,  124  Md.  153. 

In  determining  whether  property  will  be  benefited  by  a  street  which 
is  to  be  opened,  account  must  be  had  of  the  cost  of  putting  the  property 
in  condition  to  render  it  useful  after  the  street  is  actually  opened. 

P.  B.  &  W.  Railroad  v.  M.  &  C.  O.  of  Balto.,  124  Md.  635.  See.  also, 
Balto.  V.  Canton  Co.,  124  Md.  620. 

The  City  has  no  power  to  assess  benefits  which  materially  amount 
to  more  than  the  aggregate  of  damages  and  expenses.  The  Commis- 
sioners for  Opening  Streets  may  make  a  proportionate  reduction,  or 
the  City  Court  can  do  so  on  appeal. 

Maryland  Trust  Co.  v.  Baltimore,  125  Md.  40. 

Mere  inconvenience  of  access,  or  mere  dimunition  of  light  and  air  to 
property   does   not   constitute   a   "taking"   within   the  meaning   of  the 
Constitution.     Such  injury  to  come  within  the  constitutional  provision 
must  be  such  as  to  amount  to  their  substantial  destruction. 
Baltimore  v.  Bregenzer,  125  Md.  78. 

Condemnation  of  Land  for  Water  Supply. — Adaptability  of  Land  for 
Reservoir  Purposes.^ — Just  Compensation  Includes  the  Value  of  the 
Ground  and  Due  Allowance  for  Consequential  Damages.---The  Market 
Value  of  Land  is  to  be  Estimated  in  Reference  to  the  Uses  and  Pur- 
poses to  which  it  is  Adapted. 

Brack  v.  Baltimore,  125  Md.  — . 

1914,  ch.  125. 

175A.  In  any  ordinance  providing  for  opening,  widening, 
extending,  straightening  or  closing  any  public  highway,  the 
Mayor  and  City  Council  may  provide  that  the  Commissioners 


155 

for  Opening  Streets  shall  assess  upon  the  property  benefited 
thereby  the  entire  cost  of  such  opening,  widening,  extending, 
straightening  or  closing,  including  the  damages  paid  for  any 
property  taken  therefor  and  the  expenses  of  the  said  Com- 
missioners and  Court  expenses,  if  any ;  the  property  so  benefited 
may  be  specified  in  the  ordinance  or  left  to  be  determined  by  the 
Commissioners.  In  the  event  of  the  passage  of  such  ordinance, 
the  Commissioners  for  Opening  Streets  in  carrying  out  the 
same  shall  apportion  the  entire  expense  of  such  opening,  widen- 
ing, extending,  straightening  or  closing  among  the  various 
properties  benefited  thereby.  !Nothing  herein  shall  prevent  any 
property  owner  from  showing  on  appeal  the  amount  he  is 
actually  benefited. 

1914,  ch.  125. 

175B.  The  first  meeting  of  the  Commissioners  to  execute 
any  ordinance  to  open,  extend,  widen,  straighten  or  close,  in 
whole  or  in  part,  any  street,  square,  lane  or  alley  shall  be 
held  within  four  months  after  the  passage  of  this  Act,  as  to  all 
such  ordinances  heretofore  passed  and  remaining  wholly  un- 
executed, and  as  to  any  ordinance  hereafter  passed  within  three 
months  after  the  passage  of  such  ordinance,  unless  within  that 
time  an  ordinance  shall  be  introduced  to  repeal  the  same.  It 
shall  be  the  duty  of  said  Commissioners  to  proceed  diligently 
thereafter  in  the  further  execution  of  such  ordinance.  On  or 
about  the  first  of  January,  in  every  year,  the  said  Commis- 
sioners shall  make  a  report  to  the  Mayor,  and  transmit  a  copy 
thereof  to  the  City  Council,  showing  the  status  of  their  proceed- 
ings under  every  such  ordinance  which  shall  have  been  passed 
and  shall  not  have  been  fully  executed.  Instead  of  waiting 
until  the  benefits  are  collected,  before  paying  the  damages 
and  proceeding  with  said  opening,  extending,  widening, 
straightening  or  closing,  the  Mayor  and  City  Council  of  Balti- 
more may,  in  its  discretion,  in  the  annual  Ordinance  of  Esti- 
mates, set  aside  a  sum  from  the  general  levy  or  from  any 
other  funds  properly  applicable  thereto,  to  be  used,  in  the  dis- 
cretion of  the  said  Commissioners,  with  the  approval  of  the 
Board  of  Estimates,  in  paying  the  damages  awarded  in  any 
such  proceeding  in  advance  of  the  collection  of  the  benefits 
assessed  in  said  proceeding.  In  the  event  of  such  advance  pay- 
ments, the  benefits  when  collected  shall  be  credited  to  the  fund 
from  which  such  payments  shall  have  been  made.  No  such 
advance  payment  shall  be  made  until  after  the  expiration  of 
the  time  for  taking  appeals  from  the  actions  of  the  said  Com- 


156 

missioners,  and  the  final  termination  of  any  appeal  or  other 
proceeding  in  which  the  validity  of  the  ordinance,  or  of  the 
entire  proceedings  thereunder,  shall  be  assailed. 

1914,  ch.  125. 

175C.  Upon  any  appeal  from  the  action  of  the  Commis- 
sioners for  Opening  Streets  in  awarding  damages  or  assessing 
benefits  in  the  matter  of  opening,  widening,  extending,  straight- 
ening or  closing  any  public  highway,  the  return  of  the  Com- 
missioners for  Opening  Streets  shall  be  prima  facie  evidence  of 
the  correctness  of  the  amounts  of  damages  awarded  and  bene- 
fits assessed,  and  the  burden  of  proof  shall  be  upon  the  party 
asserting  that  any  such  award  or  assessment  ought  to  be  less 
or  more  than  the  amount  so  fixed  by  the  Commissioners  for 
Opening  Streets ;  this  provision,  so  far  as  it  relates  to  the  burden 
of  proof,  shall  not  apply  to  an  appeal  from  benefits  where  no 
question  of  damages  is  involved. 

Act  1S98,  ch.  123.     1900,  ch.  109. 

176.  In  every  case  where  it  shall  be  necessary  in  order  to 
efiect  the  object  proposed  under  any  of  the  ordinances  providing 
for  the  laying  out,  opening,  widening  or  straightening  in  whole 
or  in  part  any  street,  square,  lane  or  alley,  that  a  portion  only 
of  a  lot  or  of  a  lot  and  improvements  shall  be  taken  and  used 
or  destroyed,  and  the  owner  or  owners  thereof  shall  claim  to 
be  compensated  for  the  whole,  the  said  Commissioners  in  such 
cases  may,  if  they  deem  it  best  and  not  otherwise,  accept  a  sur- 
render in  writing  of  the  whole  of  said  lot  and  improvements, 
or  the  whole  of  said  improvements,  from  said  owner  or  owners, 
in  which  event  the  said  Commissioners  shall  ascertain  the  full 
value  thereof,  as  if  the  whole  lot  or  lots  and  improvement  or  im- 
provements, as  the  case  may  be,  were  necessary  to  be  taken  and 
used  for  such  proposed  object,  and  the  whole  amount  of  such 
valuation  when  finally  decided  on  shall  be  paid  or  tendered  to 
the  said  owner  or  owners  before  any  part  thereof  shall  be  de- 
stroyed, removed  or  used,  unless  such  o^vner  or  owners  shall 
assent  thereto  in  writing,  as  now  provided  for  by  law ;  and  the 
said  Commissioners,  after  giving  ten  days'  notice  in  two  of 
the  daily  newspapers  of  the  city  of  the  time  and  place,  manner 
and  terms  of  sale,  shall  sell  by  public  auction  to  the  highest  bid- 
der the  materials  of  any  house  or  houses  which  it  shall  be  neces- 
sary to  remove,  in  whole  or  in  part,  and  also  the  residue  of  any 
lot  of  which  a  part  shall  be  taken  and  used  to  effect  the  object 
confided  to  the  Commissioners,  and  which  residue  shall  have 


157 

been,  with  the  consent  of  the  Commissioners  aforesaid,  sur- 
rendered by  the  owners  thereof  as  aforesaid ;  the  purchase  money 
to  be  paid  when  full  possession  shall  be  given  of  the  property  or 
material  so  sold,  and  the  said  Commissioners  or  a  majority  of 
them  on  receiving  the  purchase  money  aforesaid,  and  not  be- 
fore, shall  by  a  good  and  sufficient  deed  convey  the  lot  or  lots 
of  ground  by  them  so  sold  to  the  purchaser;  but  no  such  sales 
shall  be  made  until  after  the  Commissioners  have  assessed  the 
entire  amount  of  damages  and  expenses  as  are  now  directed  to 
be  assessed  by  existing  ordinances  relating  to  the  condemna- 
tion of  streets,  nor  until  all  damages  for  taking  said  property 
shall  have  been  paid  or  tendered  to  the  proper  party  or  parties 
or  invested  or  paid  into  Court  as  by  law  required,  nor  until 
the  said  Commissioners  are  ready  and  able  to  give  possession 
to  the  said  purchaser  or  purchasers  of  property  and  materials 
aforesaid,  and  the  said  Commissioners  are  duly  empowered  to 
take  and  receive  a  good  and  sufficient  bond  from  the  purchaser 
or  purchasers  aforesaid,  with  a  penalty  to  the  Mayor  and  City 
Council  of  Baltimore,  conditioned  that  the  purchase  money  be 
duly  paid  at  such  time  as  the  said  Commissioners  shall  demand 
the  same,  and  conditioned  further  that  said  purchaser  or  pur- 
chasers shall  remove  within  sixty  days  after  notice  from  the 
said  Commissioners,  from  the  bed  of  the  street  all  such  mate- 
rials so  sold,  and  all  rubbish  or  other  obstructions  in  said  street 
occasioned  thereby ;  and  in  the  event  of  the  purchaser  or  pur- 
chasers not  complying  with  the  terms  of  said  sale,  the  Commis- 
sioners shall  re-sell  the  said  lot  or  lots,  and  improvement  or 
improvements,  as  the  case  may  be,  at  the  risk  of  the  former 
purchaser,  or  purchasers,  giving  not  less  than  five  days'  notice 
of  said  re-sale  in  two  of  the  daily  newspapers  of  the  city  afore- 
said ;  provided,  however,  that  where,  in  the  judgment  of  said 
Commissioners,  a  part  only  of  the  whole  of  a  lot  or  a  part  of  the 
whole  of  the  improvements  of  any  lot  can  be  taken  without 
destroying  the  whole  of  said  lot  or  said  improvements,  for  the 
purpose  for  which  lot  or  improvements  are  used,  or  for  building 
purposes,  the  said  Commissioners  shall  only  condemn  such  part 
of  said  whole  lot  or  improvements  as  is  necessary  for  the 
proposed  object,  and  shall  award  to  the  owner  or  o\\mers  of  the 
part  of  the  lot  or  improvements  so  taken  such  damages  and 
assess  upon  the  remainder  thereof  such  benefits  as  in  their 
judgment  shall  be  right  and  proper;  and  provided,  further,  that 
in  all  cases  where  there  are  sheds  or  other  obstructions  lying  and 
being  in  beds  of  streets,  lanes,  roads  or  alleys,  in  process  of 
opening  or  widening,  where  the  same  will  not,  in  the  judgment 


158 

of  the  Commissioners  for  Opening  Streets,  sell  by  public  auc- 
tion for  the  amount  of  the  expenses  of  said  sale,  then  the  said 
Commissioners  for  Opening  Streets  may,  and  they  are  hereby 
authorized,  to  sell  the  same  at  private  sale. 

M.  &  C.  C.  of  Baltimore  v,  Merryman,  23  Md.  449.  Mayor  v.  Clunet, 
23  M(l.  464.     Xorris  v.  Balto.,  44  Md.  603.    Bernei  v.  Mayor,  56  Md.  351. 

As  to  right  of  the  city  to  institute  condemnation  proceedings  before 
street  grades  are  established,  see,  Balto.  Belt  R.  R.  Co.  v.  Turner,  Daily 
Record,  January  12,  1893. 

As  to  rule  for  valuation  of  property  in  awards  in  condemnation  pro- 
ceedings, see,  Park  Board  v.  White,  Daily  Record,  May  25,  1893. 

The  inchoate  right  of  dower  in  fee  simple  property  to  be  considered 
in  condemning  property.  B.  &  O.  R.  R.  Co.  v.  Textor,  Daily  Record, 
December  25,  1893. 

1914,  ch.  125. 

176A.  In  any  case  where  a  part  of  a  lot,  or  part  of  a  lot  and 
improvements  is  taken  for  opening,  widening,  extending, 
straightening  or  closing  a  public  highway,  the  Commissioners 
for  Opening  Streets  in  making  their  award,  and  in  the  event  of 
an  appeal,  the  Court  or  Jury  in  making  its  or  their  award  shall 
not  award  damages  and  assess  benefits  separately,  but  shall 
ascertain  and  find  separately:  First — the  present  value  of  the 
entire  lot,  or  the  entire  lot  and  improvements  of  which  a  part 
is  to  be  taken,  as  if  the  proposed  opening,  widening,  extending, 
straightening  or  closing  were  not  to  be  made;  and  secondly — 
what  will  be  the  value  of  the  portion  of  the  lot  or  of  the  lot 
and  improvements  which  will  remain  after  the  opening,  widen- 
ing, extending,  straightening  or  closing  of  said  highway  shall 
have  been  made,  and  the  grading  thereof  shall  have  been  done. 
If  the  value  so  found  of  the  whole,  exceeds  the  value  so  found 
of  the  portion  which  will  remain,  the  owner  of  said  lot,  or  of 
said  lot  and  improvements  shall  be  allowed  the  difference  as  net 
damages.  If  the  value  so  found  of  the  part  which  will  remain 
shall  exceed  the  value  so  found  of  the  whole,  then  the  owner  of 
the  said  lot,  or  said  lot  and  improvements  shall  be  charged  the 
difference  as  net  benefits,  but  nothing  herein  shall  prevent  the 
surrender  of  the  whole  lot,  as  provided  in  section  176. 

1912,  ch.  32. 

177.  As  soon  as  the  Commissioners  aforesaid  shall  have 
completed  the  valuation  of  damages  to  be  ascertained  by  them 
as  directed  by  this  Article,  they  shall  cause  a  statement  thereof 
to  be  made  out  for  the  inspection  of  all  persons  desiring  infor- 
mation of  its  contents,  and  such  statement,  together  with  an 
explanatory  map  or  maps,  shall  contain  a  description  of  each 


159 

separate  lot  or  parcel  of  gTound  deemed  to  have  sustained 
damages,  its  dimensions,  the  name  of  the  street,  lane  or  alley  on 
which  it  bomids,  the  names  of  all  persons  supposed  to  have  any 
estate  or  interest  in  it,  and  the  amount  of  damages  as  valued 
by  the  Commissioners;  and  if  there  be  anv  house  or  other  im- 
provements  on  it,  necessary  to  be  removed,  in  whole  or  in  part, 
such  description  thereof  as  the  Commissioners  shall  deem  neces- 
sary ;  and  in  like  manner  a  description  of  each  parcel  of  ground 
deemed  by  the  Commissioners  to  be  benefited,  the  name  or 
names  of  such  person  or  persons  as  may  be  supposed  to  ha\e 
any  estate  or  interest  therein,  and  the  amount  assessed  thereon 
for  benefits ;  and  the  said  Commissioners  shall  cause  a  notice  to 
be  published  for  four  successive  days  in  two  daily  newspapers 
of  the  city  stating  the  extent  of  the  ground  covered  by  the  assess- 
ment, and  that  such  statement  and  maps  are  ready  for  the 
inspection  of  all  persons  interested  therein  and  that  the  Com- 
missioners will  meet  at  their  ofiice  on  a  day  to  be  named  in  said 
notice,  which  shall  be  not  less  than  five  nor  more  than  ten  days 
after  the  first  publication  of  such  notice,  for  the  purpose  of 
reviewing  any  of  the  matters  contained  in  such  statement  to 
which  any  person  claiming  to  be  interested  shall  make  objec- 
tion; and  the  Commissioners  shall  meet  at  the  time  and  place 
so  appointed,  and  shall  hear  and  consider  all  such  representa- 
tions or  testimony  on  oath  or  afiirmation,  verbal  or  in  writing, 
in  relation  to  any  matter  in  said  statement  which  shall  be  offered 
to  them  on  behalf  of  any  person  claiming  to  be  interested 
therein,  and  the  said  Commissioners  shall  make  all  such  correc- 
tions and  alterations  in  the  valuations,  assessments  and  esti- 
mates, and  all  other  matters  contained  in  the  said  statements 
and  explanatory  map  or  maps  aforesaid,  as  in  their  judgment 
shall  appear  to  them,  or  a  majority  of  them,  to  be  just  and 
proper;  and  they  may  adjourn,  from  day  to  day,  if  necessary, 
to  give  all  parties  claiming  a  review  an  opportunity  to  be  heard, 
not  exceeding  in  the  whole  ten  days;  and  after  closing  such 
review  the  Commissioners  shall  make  all  such  corrections  in 
their  statement  and  explanatory  map  or  maps  as  they  shall  deem 
proper,  and  cause  such  statement  as  corrected  to  be  recorded  in 
their  book  of  proceedings,  and  certified  under  the  hands  and 
seals  of  said  Commissioners  and  their  clerk,  and  notify  all  per- 
sons interested  by  an  advertisement,  to  be  inserted  once  a  week 
for  four  successive  weeks,  in  two  of  the  daily  newspapers  of 
the  city  that  the  said  assessments  have  been  completed,  and  that 
the  parties  affected  thereby  are  entitled  to  appeal  therefrom  by 


IGO 

petition  in  writing  to  the  Baltimore  City  Court  within  thirty 
days  after  the  first  publication  of  said  notice. 

Central  Savings  Bank  v.  Baltimore,  71  Md.  520.    M.  &  C.  C.  of  Balti- 
more V.  Smith,  SO  Md.  467.    Zion  Church  v.  Baltimore,  71  Md.  524. 

1914,  ch.  494. 

177A.  In  any  ordinance  for  opening,  extending,  widening, 
straightening,  closing  or  grading  any  street,  lane  or  alley  in  the 
City  of  Baltimore,  the  Mayor  and  City  Council  of  Baltimore 
may  provide  that  the  assessments  of  benefits  may  be  made  pay- 
able in  annual  installments,  not  exceeding  five,  with  interest  at 
six  per  cent,  on  the  deferred  installments  from  the  time  such 
proceedings  are  concluded.  If  any  such  ordinance  does  not 
provide  otherwise  as  to  the  time  of  payment  of  benefits,  then 
all  benefits  assessed  thereunder  shall  be  payable,  at  the  option  of 
the  person  assessed,  either  at  once  or  in  five  equal  installments, 
one  of  which  shall  be  due  when  the  proceedings  under  said 
ordinance  are  concluded  and  the  other  installments  shall  be  due 
and  payable,  respectively,  one,  two,  three  and  four  years  there- 
after, with  interest  on  each  installment  from  the  date  when  the 
proceedings  were  finally  concluded ;  provided,  however,  that 
where  the  same  party  is  assessed  in  any  such  proceedings  for 
benefits  and  also  awarded  damages,  the  damages  shall  be  de- 
ducted from  the  benefits  to  the  extent  of  the  damages,  and  the 
provision  of  this  section  as  to  paying  the  benefits  in  installments 
shall  apply  only  to  the  excess  of  the  benefits  over  the  damages. 
The  Commissioners,  in  their  final  return,  shall  state  whether  or 
not  benefits  are  to  be  payable  in  installments,  and  if  so  in  what 
installments. 

1912,  ch.  32. 

178.  It  shall  be  the  duty  of  the  Clerk  of  the  Commissioners 
for  Opening  Streets  to  serve  written  or  printed  notice  upon 
each  and  every  party  or  parties  assessed  for  damages,  caused  by 
the  condemnation  and  opening  of  any  public  highway;  pro- 
vided, however,  that  the  service  of  such  notice  shall  not  be  so 
construed  as  to  be  one  of  the  pre-requisites  to  the  condemnation 
and  opening  of  any  street  under  any  ordinance  heretofore 
passed,  or  hereafter  to  be  passed. 

1912,  ch.  32. 

179.  The  Mayor  and  City  Council  of  Baltimore  or  any 
person  or  persons,  or  corporations,  who  may  be  dissatisfied  with 
the  assessment  of  damages  or  benefits,  as  hereinbefore  provided, 


161 

may,  within  thirty  days  after  the  first  publication  of  the  notice 
provided  in  section  177,  appeal  by  petition,  in  writing,  to  the 
Baltimore  City  Court,  praying  the  said  Court  to  review  the 
same,  and  on  any  such  appeal  the  Court  shall  appoint  a  day  for 
hearing  said  appeal,  which  shall  not  be  less  than  five  or  more 
than  thirty  days  after  expiration  of  the  thirty  days  limited 
for  taking  appeals  as  aforesaid,  and  shall  direct  the  clerk  of 
the  said  Court  to  issue  a  subpoena  duces  tecum  to  the  clerk  of 
the  Commissioners  for  Opening  Streets,  requiring  him  to  pro- 
duce and  deliver  to  said  Court  the  record  of  the  proceedings  of 
the  said  Commissioners  in  the  case,  and  all  maps,  plats,  docu- 
ments and  papers  connected  with  such  record,  and  the  City 
Court  shall  have  full  power  to  hear  and  fully  examine  the 
subject,  and  decide  on  the  said  appeal,  and  for  that  purpose  is 
hereby  authorized  and  empowered  to  adjourn  from  time  to  time, 
and  may  cause  all  such  appeals  to  be  consolidated,  or  may  hear 
and  decide  them  separately,  and  may  require  the  said  Conunis- 
sioners,  their  clerk,  surveyor,  or  other  agents  and  servants,  or 
any  of  them,  and  all  such  other  persons  as  the  Court  shall  deem 
necessary,  to  attend,  and  examine  them  on  oath  or  aflirmation, 
and  may  permit  and  require  all  such  explanations,  amendments 
and  additions  to  be  made  to  and  of  the  said  record  of  the  pro- 
ceedings as  the  said  Court. shall  deem  requisite;  and  the  persons 
appealing  to  the  Baltimore  City  Court,  as  aforesaid,  shall  be 
secured  in  the  right  of  a  jury  trial,  and  the  said  Court  shall 
direct  the  Sheriff  of  Baltimore  City  to  summon  twelve  or  more 
persons  qualified  to  be  jurors,  and  shall  impanel  any  twelve 
disinterested  persons  so  summoned,  or  attending  the  Court,  to 
try  any  question  of  facts,  and  if  necessary  to  view  any  property 
in  the  city,  or  adjacent  thereto,  to  ascertain  and  decide  on  the 
amount  of  damages  or  benefits,  under  the  direction  of  the 
Court ;  and  the  said  Court  shall  not  reject  or  set  aside  the 
record  of  the  proceedings  of  the  said  Commissioners  for  any 
defect  or  omission  in  either  form  or  substance,  but  shall  amend 
or  supply  all  such  defects  and  omissions  and  increase  or  reduce 
the  amount  of  damages  and  benefits  assessed,  and  alter,  modify 
and  correct  the  said  return  of  proceedings,  in  all  or  any  of  its 
parts,  as  the  said  Court  shall  deem  just  and  proper,  and  shall 
cause  the  proceedings  and  decisions  on  said  returns  and  appeals 
to  be  entered  in  the  book  containing  the  record  of  the  proceed- 
ings of  the  Commissioners  certified  by  the  clerk,  under  the  seal 
of  the  Court,  and  the  book  to  be  transmitted  to  the  said  Commis- 
sioners, which  shall  be  final  and  conclusive  in  every  respect, 
unless  an  appeal  be  taken  to  the  Court  of  Appeals,  and  such 

(7)     , 


162 

record  book,  or  a  copy  of  the  proceedings  therein,  or  any  part  of 
such  proceedings,  whether-  in  Court  or  out  of  Court,  certified  by 
the  said  Commissioners  under  their  hands,  shall  be  evidence  in 
any  Court  in  this  State,  and  the  judge  of  the  Baltimore  City 
Court  shall  have  full  power,  in  his  discretion,  to  add  the  reason- 
able costs  of  any  appeal,  to  be  taxed  by  him,  or  any  part  thereof, 
to  the  damages  to  be  collected  for  opening  or  closing  said  street 
or  to  require  such  cost,  or  any  part  thereof,  to  be  paid  by  all  or 
by  either  of  the  appellants,  as  the  circumstances  of  such  appeal, 
in  his  opinion,  shall  justify.  Upon  every  appeal  to  the  Balti- 
more City  Court  from  any  action  of  the  Commissioners  for 
Opening  Streets  both  the  damages  and  benefits  assessed  by  thp 
Commissioners  to  the  appellant  shall  be  open  for  review  and 
correction  by  the  said  City  Court. 

Trustees  v.  Mayor  of  Baltimore,  2  Md.  Cli.  78.  Alexander  v.  Mayor, 
5  Gill,  383.  Meth.  Prot.  Church  v.  Mayor,  6  Gill,  391.  Page  v.  Mayor, 
34  Md.  558.  Hazelhurst  v.  Baltimore,  37  Md.  200.  Norris  v.  Mayor, 
44  Md.  598.  Brooks  v.  Mayor  of  Baltimore,  48  Md.  265.  Friedenwald 
V.  Shipley,  74  Md.  116.  Farrel  v.  Baltimore,  75  Md.  493.  Baltimore 
V.  Coates,  85  Md.  531.     Baltimore  City  v.  Bonaparte,  93  Md.  161. 

The  rislit  of  appeal  is  given  by  the  above  section  to  the  Baltimore 
City  Court.  A  court  of  equity  has  no  jurisdiction  to  enjoin  the  con- 
demnation proceedings  in  the  Baltimore  City  Court  on  the  ground  that 
the  condemnation  is  undertaken  before  the  establishment  of  the  grade 
of  the  street.  This  question  is  within  the  jurisdiction  of  the  Baltimore 
City  Court. 

Baltimore  v.  Johnson,  123  Md.  321. 

As  to  effect  of  inspection  by  jury  of  premises,  see, 

Patterson  v.  Baltimore,  124  Md.  153. 

On  appeal  the  Street  Commissioners,  clerks  and  other  agents  are  com- 
petent witnesses,  and  may  be  summoned  and  examined  as  to  the  prin- 
ciples upon  which  their  awards  and  assessments  wei*e  made. 
Patterson  v.  Baltimore,  124  Md.  153. 

1912,  ch.  32. 

180.  Wlienever  any  ordinance  passed  by  the  Mayor  and  City 
Council  of  Baltimore,  providing  for  the  condemnation  and 
opening,  extending,  widening,  grading  or  closing  of  any  street, 
lane  or  alley,  in  said  city,  shall  be  set  aside,  or  declared  null 
and  void  by  a  Court  of  competent  jurisdiction,  to  wit:  The 
Baltimore  City  Court  or  the  Court  of  Appeals,  in  the  event  of 
an  appeal  to  that  tribunal,  or  the  same  shall  be  repealed  by  the 
city,  it  shall  be  the  duty  of  the  Comptroller  immediately  there- 
after to  draw  his  warrant  on  the  Citv  Register  in  favor  of  any 
and  all  persons  or  their  legal  representatives,  who  may  have 
paid  into  the  city  treasury  any  sum  or  sums  of  money  on  account 
thereof;  which  shall  be  forthwith  paid  out  of  any  sums  in  the 
treasury  not  otherwise  appropriated.      The  Comptroller  shall 


163 

likewise  draw  his  warrant  on  the  City  Register  for  the  pa}Tnent 
of  all  expenses  which  may  have  been  incurred  by  virtue  of  any 
such  ordinance  in  carrying  out  the  provisions  thereof,  for  which 
the  city  may  be  liable  under  existing  ordinances. 

1912,  ch.  32.    1914,  cli.  494. 

181.  If  no  appeal  shall  have  been  prayed,  then,  within  ten 
days  after  the  time  hereinbefore  limited  therefor,  or  after  the 
return  of  the  decision  upon  any  appeal  shall  have  been  made  to 
the  said  Commissioners,  their  return  shall  be  transferred  to  the 
City  Collector,  who  shall  proceed  forthwith  to  notify  the  parties 
assessed  for  benefits  by  means  of  bills  specifying  the  several 
sums  so  assessed  and  the  installments  thereof  due  and  payable, 
and  warning  them  that  if  the  same  be  not  paid  within  two 
months  from  the  date  of  such  transfer  of  said  Commissioners' 
returns,  he  will  proceed  to  sell  the  specific  pieces  or  parts  of 
property  on  which  said  unpaid  sum  or  sums  of  money  shall  have 
been  assessed,  in  the  manner  and  after  having  given  the  notice 
directed  by  this  Article.  Thereafter,  as  each  installment  be- 
comes due,  the  Collector  shall  give  the  same  notice;  if  any 
installment  be  not  paid,  and  the  Collector  shall  proceed  to  sell, 
under  section  182  of  this  Article,  the  right  of  the  party  assessed, 
to  pay  the  remainder  of  said  assessment  in  installments,  shall  be 
forfeited,  and  the  Collector  shall  collect  from  the  proceeds  of 
said  sale  the  entire  amount  of  the  assessment  not  theretofore 
paid,  with  interest  at  six  per  cent,  to  the  date  of  such  collection. 

State  ex  rel  Henderson  v.  Taylor,  59  Md.  338.  See,  decision  of  Brown 
C.  J.  City  Court  in  re  Webster  v.  Mayor,  October  16,  1874. 

1912,  cb.  32. 

182.  If  the  sums  assessed  upon  the  property  specified  shall 
not  be  paid  within  the  time  above  limited,  the  City  Collector  is 
hereby  directed  to  sell  the  property,  or  any  part  thereof,  on 
which  such  assessment  has  been  laid,  giving  thirty  days'  notice  of 
said  sale  in  two  of  the  daily  newspapers  published  in  the  City  of 
Baltimore,  the  first  insertion  of  said  notice  to  be  made  in  said 
newspapers  promptly  after  the  expiration  of  the  time  limited 
in  this  article  for  the  payment  of  said  benefits;  and  the  moneys 
so  collected  by  the  City  Collector  shall  be  paid  over  by  him  to 
the  city  as  other  moneys  are  directed  to  be  paid  over. 

M.  &  C.  C.  of  Baltimor(!  v.  (Jrand  Lodge,  44  Md.  437.  Zion  Church  v. 
Mayor,  71  Md.  524.     I'.  W.  &  B.  R,  R.  Co.  v.  Shipley,  72  Md.  88. 

1912,  ch.  32. 

183.  In  all  cases  in  which  the  City  Collector  shall  sell  any 


164 

property  on  account  of  the  non-payment  of  assessments  made 
for  the  opening,  closing,  widening,  grading  or  extension  of  any 
street,  Lane  or  aHoy,  it  shall  be  his  duty  to  sell  said  pro])erty  to 
the  extent  and  subject  to  the  same  conditions  which  are  provided 
by  ordinance  for  the  sale  of  real  estate  in  the  City  of  Balti- 
more, charged  with  the  payment  of  other  taxes  imposed  by  this 
corporation;  and  in  the  event  of  the  purchaser  or  purchasers 
failing  forthwith  to  comply  with  the  terms  of  said  sale,  the  City 
Collector  shall  re-sell  the  same  at  the  risk  of  the  former  pur- 
chaser, ffiviiiff  not  less  than  ten  days'  notice  in  two  of  the  dailv 
newspapers  of  the  city  aforesaid ;  and  after  collecting  the  benefit 
assessments  he  shall  forthwith  return  the  said  Commissioners' 
proceedings  to  the  Comptroller. 

184.  The  City  Collector,  on  receiving  the  full  amount  of  the 
purchase  money  on  such  sale,  shall  execute  a  deed  of  conveyance 
in  favor  of  the  purchaser  or  purchasers,  or  their  assign  or 
assigns,  which  deed  shall  convey  a  fee  simple  or  leasehold  estate, 
as  the  case  may  be,  in  and  to  such  property,  and  after  deducting 
the  costs  of  sales,  advertising  and  other  necessary  expenses,  he 
shall  pay  the  balance  of  such  purchase  money  to  the  city,  which 
shall  pay  over  the  said  balance,  after  deducting  the  amount 
assessed  on  said  property,  to  the  person  or  persons  entitled 
thereto,  on  demand  without  interest. 

Carter  v.  Woolfork,  71  Md.  283. 

185.  All  sums  of  money  assessed  by  the  Commissioners 
aforesaid,  upon  property  deemed  by  them  to  be  benefited,  shall 
be  and  continue  liens  on  each  several  piece  of  property  so 
assessed,  to  the  amount  of  its  particular  assessment,  until  the 
same  shall  be  paid  to  the  city ;  but  no  part  of  any  street,  square, 
lane  or  alley  shall  be  opened  on  or  over  the  ground  of  any  person 
or  persons,  or  corporation,  adjudged  by  the  Commissioners  to  be 
entitled  to  damages  for  said  opening,  without  the  consent,  in 
writing,  of  the  person  or  corporation  so  entitled,  until  such 
damages  shall  be  paid,  or  the  amount  thereof  invested  in  the 
city  stock,  for  the  use  of  each  person  or  corporation  entitled  to 
any  part  of  the  compensation  for  such  damages,  to  the  amount 
of  his,  her  or  their  respective  right  and  interest  therein,  of 
which  investment  the  City  Register's  certificate,  under  the  cor- 
porate seal  of  the  city,  shall  be  competent  proof. 

Gould  V.  Mayor,  59  Md.  .378.  Central  Savings  Bank  v.  Baltimore,  71 
Md.  517.     Zion  Church  v.  Baltimore  City,  71  Md.  524. 

186.  Any  person  or  persons  not  claiming  title  to  any  lot  or 


165 

piece  of  property  upon  which  any  sums  shall  be  assessed,  as 
aforesaid,  may  pay  the  amount  of  the  sum  so  assessed,  within 
the  time  limited,  to  the  City  Register,  and  obtain  his  certificate 
of  having  paid  such  sum  without  claiming  title  to  the  property ; 
and  such  payment  shall  vest  in  the  person  or  persons  paying  his, 
her  of  their  heirs,  the  lien  on  such  lot  or  property  mentioned  in 
this  Article. 

State  ex  rel,  Henderson  v.  Taylor,  59  Md.  338. 

187.  If  it  should  so  happen  that  any  one  or  more  of  said 
Commissioners  should  be  interested  in  any  particular  case,  the 
Mayor  shall  make  a  temporary  appointment  of  a  Commissioner 
or  Commissioners,  to  act  in  the  place  and  stead  of  such  inter- 
ested Commissioner  or  Commissioners,  who  shall  take  the  oath 
or  affirmation,  as  the  case  may  be,  and  in  all  respects  conduct 
himself  and  have  all  the  powers  as  the  other  Commissioners 
who  are  appointed  by  the  Mayor. 

188.  Whenever  any  lot,  or  part  of  a  lot,  or  parcel  of  ground 
may  be  taken  and  included  within  the  lines  of  any  street,  lane 
or  alley,  or  part  thereof,  and  damages  assessed  therefor,  and 
there  shall  be  an  outstanding  unexpired  term  of  years  therein, 
the  said  Commissioners  shall  discriminate  in  their  proceedings 
between  the  value  of  fee  simple  or  ground  rent  interest,  and  the 
leasehold  interest. 

Mayor,  etc.  v.  Rice,  73  Md.  307.    Gluck  v.  Mayor,  81  Md.  315. 

1912,  ch.  32. 

189.  Wlienever  any  obstruction  shall  have  remained  in  any 
street,  lane  or  alley,  or  part  thereof  so  opened,  for  the  space  of 
sixty  days  after  the  proceedings  of  the  said  Commissioners  shall 
have  been  completed,  it  shall  be  the  duty  of  said  Commissioners 
to  cause  the  same  to  be  removed  and  to  draw  on  the  Register  for 
the  expense  so  incurred,  which  shall  be  paid  by  him,  and  the 
Mayor  shall  forthwith  cause  a  suit  for  the  recovery  of  said 
expenses  to  be  instituted  against  the  person  or  persons  by  whoso 
default  the  said  obstruction  has  been  suffered  to  remain,  and  the 
same,  when  recovered,  shall  be  paid  to  the  Register  for  the  use 
of  the  city. 

190.  Repealed  by  Act  of  1912,  ch.  32. 

1912,  ch.  32. 

191.  When  the  proceedings  of  the  Commissioners  for  Open- 


166 

ing  Streets  iu  any  case  are  transferred  to  the  City  Collector,  the 
City  Eegister  is  authorized  and  required  to  pay  all  the  expenses 
incurred  by  the  Commissioners  under  the  said  proceedings.  But 
such  expenses  shall  not  remain  unpaid  more  than  six  months 
after  the  completion  of  any  services  performed  under  said  ordi- 
nance; and  the  Comptroller  and  Register  are  directed  to  pay, 
within  six  months  after  the  services  have  been  completed,  any 
such  expenses  upon  presentation  of  the  proper  vouchers  or  cer- 
tilicates  from  the  Commissioners  for  Opening  Streets. 

192.  Repealed  by  Act  of  1912,  ch.  32. 

193.  "\Mienever  the  owner  or  owners  of  the  bed  of  any  of  the 
streets,  lanes  or  alleys  of  the  city,  as  laid  out  on  Poppleton's 
plat,  or  on  such  plat  as  the  city  may  adopt,  for  the  territory 
annexed  under  the  Act  of  1888,  Chapter  98,  shall  offer  to 
convey  the  same  to  the  city,  it  shall  be  the  duty  of  the  ]\Iayor  to 
obtain  the  opinion  of  the  Citv  Solicitor  in  relation  to  the  title 
to  the  property  and  the  legality  of  the  deed  or  deeds,  and,  if  in 
the  opinion  of  the  Mayor,  it  will  be  right  and  proper,  and  the 
public  good  will  result  therefrom,  he  is  hereby  authorized  to 
receive,  in  the  name  of  the  Mayor  and  City  Council  of  Balti- 
more, any  deed  or  deeds  so  offered  to  the  city ;  provided,  that  no 
deed  shall  be  for  less  than  one  whole  square,  and  that  the  city 
shall  not  incur  any  expense  in  receiving  the  same ;  and  that  a 
plat  setting  forth  the  location,  together  with  the  surrounding 
property,  to  the  extent  of  two  hundred  feet,  shall  accompany 
said  deed. 

194.  Whenever  any  street,  lane  or  alley,  or  part  thereof, 
shall  bo  conveyed  to  the  city,  as  provided  in  the  preceding  sec- 
tion, the  same  shall  be  a  public  highway,  subject  to  all  ordi- 
nances and  resolutions  relating  to  streets,  lanes  and  alleys  in 
the  City  of  Baltimore, 

195.  The  Mayor  and  City  Council  of  Baltimore  will  not 
entertain  any  petition  for  or  remonstrance  against  the  opening, 
widening,  straightening  or  closing  of  any  street,  lane,  or  alley 
in  the  City  of  Baltimore,  unless  the  signers  of  such  petition  or 
remonstrance  shall  state  the  location  of  the  property  they  repre- 
sent, together  with  the  number  of  front  feet  of  the  same. 

1908,  ch.  150. 
195a.     In  any  and  all  cases  where  a  street,  lane  or  alley,  or 
part  thereof,  situated  in  the  City  of  Baltimore,  has  been  opened, 


167 


widened,  straightened  or  closed  by  the  Mayor  and  City  Council 
of  Baltimore,  or  by  any  Commissioner  or  Commissioners,  or 
other  person  or  persons,  acting  either  nnder  the  provisions  of 
an  Act  of  the  General  Assembly  of  Maryland,  or  of  an  ordinance 
•of  the  Mayor  and  City  Council  of  Baltimore,  or  both,  whereby 
authority  was  granted  to  assess  the  whole  or  any  portion  of  the 
costs  of  such  improvement  upon  property  benefited  thereby,  and 
such  assessments,  or  any  part  thereof  remain  unpaid,  it  sluiU 
be  lawful  for  the  ^^Fayor  and  City  Council  of  Baltimore  to  pro- 
vide by  ordinance  for  levy  and  collection,  in  such  manner  as  it 
may  deem  proper,  of  a  'tax  to  the  extent  of  such  special  benefit 
upon  all  the  property,  which  the  said  Mayor  and  City  Council 
of  Baltimore,  or  the  said  Commissioner  or  Commissioners,  or 
other  person  or  persons  above  mentioned,  have  designated  in 
their  return,  as  property  benefited  by  such  improvement,  and 
liable  to  assessment  therefor ;  provided,  that  no  property,  upon 
which  the  assessment  originally  made  for  its  share  of  the  cost 
of  such  improvement  shall  have  been  paid,  shall  be  again 
assessed,  and  that  reasonable  notice  and  an  opportunity  to  be 
heard  shall  be  given  to  all  persons  interested  before  final  ascer- 
tainment of  the  amount  of  tax  to  be  paid  by  any  such  property, 
and  the  said  city  shall  provide  for  appeals  to  the  Baltimore  City 
Court  by  any  person  or  persons  interested,  including  the  city 
itself,  from  the  decision  of  the  Commissioners  for  Opening- 
Streets,  or  any  Commissioner  or  Commissioners,  or  other  per- 
sons appointed  to  determine  the  amount  or  amounts  of  such 
special  taxes  or  assessments,  and  in  the  trial  of  such  appeals  the 
practice  shall  conform  as  near  as  may  be  to  the  practice  in  the 
trial  of  street  appeals,  including  the  right  of  appeal  to  the 
Court  of  Appeals. 

MUNICIPAL  OFFICERS 
NOT  INCLUDED  IN  ANY  DEPARTMENT. 

CITY  LIBRARIAN. 

196.  There  shall  be  an  official  of  the  Mayor  and  City  Coun- 
cil of  Baltimore,  to  be  known  as  the  City  Librarian.  He  shall 
be  appointed  by  the  Mayor  in  the  manner  prescribed  in  section 
25  of  this  Article  and  hold  his  office  as  therein  provided.  The 
said  Librarian  shall,  under  the  supervision  and  direction  of  the 
City  Register,  take  under  his  charge  and  keeping  all  the  books 
and  documents  of  every  dosci-iption,  and  the  archives,  records, 
papers  and  proceedings  of  the  Mayor  and  City  Council  of 
Baltimore,  except  as  is  otlicrwisc  hoi'oin  provided,  now  in  the 


168 

possession  of  other  mimicipal  officers,  entrusted  with  them  by 
the  city,  or  which  may  hereafter  come  into  the  possession  of  the 
city,  and  also  all  the  ordinances,  resolutions  and  proceedings  of 
the  City  Council  after  each  and  every  session  thereof;  and  he 
shall  arrange  and  classify,  so  as  to  be  easily  found  when  needed, 
all  the  books,  documents,  records,  papers,  ordinances  and  resolu-" 
tions,   and  proceedings  hereby  placed  and  hereafter  to  come 
under  his  charge  and  keeping;  and  he  shall  furthermore  care- 
fully collect  and  arrange  and  safely  keep  a  complete  series  of 
ordinances  and  resolutions  and  proceedings  of  the  Mayor  and 
City  Council  of  Baltimore,   and  all  other  books,  papers  and 
memorials  relating  to  Baltimore,  from  its  beginning  as  a  town 
to  the  present  time,  and  this  shall  continue  to  be  one  of  his 
regular  duties,  and  he  shall  not  permit  any  book  or  books,  or 
documents  of  said  series  to  be  taken  or  removed  by  any  one  from 
the  City  Library,  and  he  shall  permit  no  other  book,  document, 
record  or  paper  of  any  sort  to  be  taken  from  the  City  Library, 
except  by  city  officers,  and  then  only  on  a  written  receipt  from 
such  city  officer  or  officers  for  the  same,  which  receipt  shall  be 
written  in  a  book  to  be  kept  for  that  purpose,  and  shall  be  duly 
cancelled  on  the  return  of  the  book,  documents,  records  or  papers 
so  borrowed ;  and  he  shall  see  that  no  books,  documents,  records 
or  papers  of  any  sort  be  lost  or  mislaid  by  said  city  officers ;  he 
shall  also  carefully  prepare  and  keep  an  index  for  that  purpose 
of  all  the  books,  documents,  records  and  papers  of  said  library. 
Room  shall  be  provided  in  the  City  Hall,  and  properly  furnished 
for  the  reception  and  custody  of  said  library.     The  salary  of  the 
City  Librarian  shall  be  one  thousand  five  hundred  dollars  per 
annum,  payable  monthly ;  and  he  shall  give  a  good  and  sufficient 
bond,  to  be  approved  as  authorized  by  this  Article,  in  the  sum  of 
live  thousand  dollars,  for  the  faithful  performance  of  his  duties 
in  the  premises. 

The  provisions  of  the  Charter  in  relation  to  the  City  Librarian  and 
his  duties  were  largely  embodied  from  Art.  xxxii  of  the  Baltimore  City 
Local  Code   (1893). 

1906,  ch.  111. 

197.  Each  of  the  departments,  sub-departments,  municipal 
officers  not  embraced  in  a  department  and  special  commissions 
or  boards  of  the  ]\layor  and  City  Council  of  Baltimore  shall,  on 
or  before  the  first  day  of  December  in  every  year,  furnish  to  the 
City  Librarian  a  schedule  of  all  stationery  and  printed  matter, 
which  may  be  required  for  the  use  of  such  departments,  sub- 
departments,  municipal  officers  and  commissions  or  boards  for 
the  year  commencing  on  the  first  day  of  January  thereafter.     It 


169 

shall  be  the  duty  of  the  City  Librarian,  twenty  days  prior  to  the 
first  day  of  January  in  each  year,  to  advertise  for  proposals  for 
furnishing  all  such  stationery  and  printed  matter  as  may  be 
required  by  the  respective  departments,  sub-departments, 
municipal  officers  and  commissions  or  boards  of  the  city,  for  the 
ensuing  fiscal  year,  subject  to  the  provisions  of  sections  14  and 
15  of  this  Article.  All  contracts  which  may  be  awarded  in  pur- 
suance of  the  provisions  of  this  section  shall  contain  a  clause 
stipulating  that  any  stationery  or  printed  matter  which  may  be 
required  for  the  use  of  any  department,  municipal  officers  and 
commissions  or  boards  aforesaid  of  the  city,  over  and  above  the 
quantity  specially  designated  in  said  contracts,  shall  be  fur- 
nished by  the  contractors  at  the  same  rate  charged  for  articles 
which  are  specially  mentioned  in  said  contracts,  and  if  any 
supplies  are  required  which  are  not  mentioned  in  said  contract 
they  shall  be  furnished  at  the  low^est  market  rates.  It  shall  be 
the  further  duty  of  the  City  Librarian  to  furnish  to  each  of  the 
departments  of  the  city,  sub-departments,  municipal  officers  not 
embraced  in  a  department  and  special  commissions  or  boards, 
from  time  to  time,  upon  the  requisition  of  the  heads  of  said 
departments,  sub-departments,  municipal  officers  and  commis- 
sions or  boards,  the  stationery  and  printed  matter  which  may  be 
necessary  for  the  use  of  said  departments,  sub-departments, 
municipal  officers  not  embraced  in  a  department  and  special 
commissions  or  boards  and  to  keep  an  accurate  account  of  all 
supplies  which  may  be  furnished ;  and  he  shall  annually  report 
to  the  City  Council  of  Baltimore  the  quantity  of  stationery  and 
printed  matter  which  he  shall  have  furnished  to  the  respective 
departments,  sub-departments,  nmnicipal  officers  and  commis- 
sions or  boards  during  the  preceding  fiscal  year  and  the  expense 
of  the  same. 

As  to  powers  of  Mayor  and  City  Council  of  Baltimore  in  relation  to 
contracts  for  stationery  prior  to  Act  1906.  cli.  Ill,  see,  Baltimore  v. 
Weatherby,  52  Md.  442.  and  cases  cited  under  sections  14  and  15  of 
the  Charter,  ante,  pages  57,  58,  59. 

198.  The  City  librarian  is  hereby  authorized  and  directed 
to  appoint  two  assistants,  to  be  known  as  First  Assistant  Libra- 
rian and  Second  Assistant  Librarian,  who  shall  perform  such 
duties  as  the  Librarian  shall  from  time  to  time  prescribe  and 
direct,  and  for  whose  acts  the  Librarian  shall  be  held  responsi- 
ble. The  First  Assistant  shall  give  such  bond  as  provided  by 
ordinance  and  approved  by  the  ]\hiyor.  In  the  event  of  the 
necessary  ab.sence  of  the  Li})rarian,  from  sickness  or  other  cause, 
the  First  Assistant,  with  the  approbation  of  the  Mayor,  shall 


170 

have  full  power  and  authority  to  perform  all  the  duties  of  the 
Librarian.  The  salary  of  the  First  Assistant  Librarian  shall  be 
nine  hundred  dollars  per  annum,  payable  monthly,  and  the 
salary  of  the  Second  Assistant  shall  be  seven  hundred  and  fifty 
dollars  per  annum,  payable  monthly. 

199.  There  shall  be  opened,  under  the  direction  of  the  City 
Librarian,  a  set  of  books  in  which  shall  be  entered  all  requisi- 
tions made  upon  the  City  Librarian  from  the  difterent  depart- 
ments, sub-departments,  municipal  officers  and  connnissions  or 
boards  of  the  Mayor  and  City  Council  of  Baltimore,  from  time 
to  time,  and  each  department,  sub-department,  municipal  officer 
and  commission  or  board  shall  be  charged  with  all  books, 
stationery  and  printed  matter  it  may  receive  from  said  Libra- 
rian ;  there  shall  be  kept  a  record  of  all  bids  received  for  books, 
stationery  and  printed  matter  and  of  the  acceptance  or  rejection 
thereof.  The  City  Librarian  shall  permit  no  bid  once  filed  in 
his  office  to  be  withdrawn  therefrom.  There  shall  be  copied  and 
filed  away  all  contracts  made  or  entered  into  between  bidders 
and  the  Cit}'  Librarian ;  and  there  shall  be  annually  prepared  a 
general  statement  of  all  the  transactions  of  the  City  Librarian's 
office,  and  presented  to  the  City  Council. 

200.  The  City  Library  shall  be  kept  open  daily  from  9  A.  M. 
to  4  P.  j\I.,  and  during  the  sessions  of  the  City  Council  and  at 
such  other  times  as  may  be  necessary  or  may  be  prescribed  by 
ordinance,  with  the  Librarian  or  his  Assistants  in  attendance. 

COMMISSION"  01^  CITY  PLAK 

1910,  ch.  114. 

200A.  There  shall  be  a  Commission  on  Citv  Plan,  to  consist 
of  the  Mayor  of  the  City  of  Baltimore  and  eight  other  members 
who  shall  be  appointed  by  the  ]\layor  in  the  manner  prescribed 
in  section  25  of  this  Article,  who  shall  hold  their  offices  as  in 
said  section  provided,  and  shall  serve  without  pay;  one  of  the 
said  Commissioners  shall  be  president  of  said  Commission,  and 
shall  be  so  designated  by  the  Mayor ;  the  said  Commission  may 
elect  a  secretary,  who  shall  be  paid  such  salary  as  may  be  pro- 
vided for  by  ordinance  and  who  shall  perform  such  duties  as 
may  be  from  time  to  time  prescribed  by  said  Commission.  The 
said  Commission  shall  investigate  all  plans  proposed  for  the 
construction  or  extension  of  public  highways  in  the  City  of 
Baltimore  and  the  establishment  of  a  civic  center  or  other  public 
improvements   in   connection   therewith,    and    shall   report   the 


171 

results  of  such  investigations  from  time  to  time  to  the  Mayor 
and  City  Council,  and  shall  perform  such  other  duties  and 
exercise  such  other  powers  as  may  be  delegated  to  it  or  as  may 
be  prescribed  by  ordinance  not  inconsistent  with  this  Article. 

ART  COMMISSION. 

201.  There  shall  be  an  Art  Commission,  to  consist  of  the 
Mayor  of  the  City  of  Baltimore  and  seven  others,  to  be  named 
by  the  following  institutions,  and  appointed  by  the  Mayor  in  the 
manner  prescribed  by  section  25  of  this  Article,  and  hold  their 
offices  as  therein  provided :  One  shall  be  named  by  the  Mary- 
land Historical  Society,  one  by  the  Johns  Hopkins  University, 
one  by  the  Peabody  Institute,  one  by  the  Maryland  Institute  for 
the  Promotion  of  the  Mechanic  Arts,  one  by  the  Architectural 
Club  of  Baltimore,  one  by  the  Board  of  Park  Commissioners, 
and  one  by  the  Charcoal  Club ;  the  members  of  the  Commission 
shall  serve  without  pay.  If  any  of  said  institutions  shall  fail  to 
name  a  Commissioner  for  thirty  days  after  having  been  re- 
quested in  writing  by  the  Mayor  so  to  do,  the  Mayor  shall  name 
such  Commissioner. 

202.  No  statue,  ornamental  fountain,  arch  or  gateway, 
monument  or  memorial  of  any  kind  shall  be  erected,  nor  any 
change  made  in  those  already  erected  in  any  public  street, 
avenue,  square,  place,  park  or  municipal  building  in  the  City  of 
Baltimore  unless  the  design  and  site  or  proposed  change  for  the 
same  shall  have  been  submitted  to  the  Commission  and  approved 
by  a  majority  thereof,  and  its  report  shall  have  been  made  to  the 

'  City  Council ;  said  report  shall  be  made  within  thirty  days  from 
the  time  when  the  design  and  site  or  proposed  change  as  above 
specified  shall  have  been  submitted  to  the  Commission  for  its 
approval. 

203.  The  Commission  shalJ,  at  the  request  of  the  Mayor,  or 
the  City  Council,  give  its  advice  as  to  the  suitability  of  the 
design  for  any  public  l)ui]ding,  ])ridge  or  other  structure,  and 
shall  report  thercnm  in  writing  to  the  City  Council.  All  vacan- 
cies in  said  Commission  shall  be  filed  by  the  INhiyor  from  those 
named  by  the  institutions  as  herein  provided  ;  and  in  case  any  of 
said  institutions  fail  for  thirty  days,  after  receiving  the  request 
of  the  Mayor,  to  name  a  person  to  till  \\\c  said  vacancy,  the 
Mayor  sliall  fill  it  witli  a  person  of  liis  own  selection. 


172 

SUPEEIXTENDENT   OF  LAMPS  AND  LIGHTI:NG. 

204.  There  shall  be  a  Superintendent  of  Lamps  and  Light- 
ing, who  shall  be  appointed  by  the  Mayor  in  the  manner  pre- 
scribed in  section  25  of  this  Article,  and  hold  his  office  as  therein 
provided.  He  shall  have  under  his  charge  and  supervision  the 
lighting  of  the  City  of  Baltimore,  and  shall  perform  the  duties 
now  performed  by  the  General  Superintendent  of  Lamps  and 
Inspector  and  Sealer  of  Gas  Meters,  and  such  other  duties  as 
may  be  prescribed  by  ordinances,  not  inconsistent  with  this 
Article.  He  shall  have  power  to  appoint  an  assistant,  who  shall 
perform  all  the  duties  now  performed  by  the  Inspector  of 
Illuminating  Gas  and  Oils.  The  Superintendent  of  Lamps  and 
Jjighting  shall  have  the  power  to  appoint  such  number  of  district 
superintendents  of  lamplighters  as  the  requirements  of  the  city 
may  demand  and  as  are  necessary  to  properly  care  for  the  lamps 
and  lighting  of  the  city,  and  iix  their  compensation,  not  to 
exceed  in  the  aggregate  the  amount  appropriated  by  ordinance. 
He  shall  have  power  to  appoint  such  clerks  and  employees  as 
may  be  necessary  to  properly  conduct  his  office,  and  as  the 
annual  appropriations  of  the  city  for  his  use  in  the  discharge  of 
his  duties  may  warrant.  The  compensation  of  the  Superin- 
tendent of  Lamps  and  Lighting  shall  be  two  thousand  dollars 
per  annum,  payable  monthly,  and  his  assistants  and  the  clerks 
and  employees  under  him  shall  be  paid  such  fixed  salaries  as 
may  be  prescribed  by  ordinance,  and  not  in  fees ;  all  fines  and 
inspection  fees  shall  be  paid  to  the  Comptroller. 

American  Lighting  Co.  v.  McCuen,  92  Md.  705. 

SURVEYOR. 

p.  L.  L.,  (1860)  Art.  4,  sec.  865.    P.  L.  L.,  (1888)  Art.  4,  sec.  825. 

205.  There  shall  be  a  Surveyor,  to  be  elected  on  the  Tuesday 
next  after  the  first  Monday  in  I^ovember  in  the  year  eighteen 
hundred  and  ninety-nine,  and  on  the  same  day  in  every  second 
year  thereafter,  and  whose  term  of  office  shall  commence  on  the 
first  Monday  in  January  next  ensuing  after  his  election;  his 
duties  and  compensation  shall  be  prescribed  by  the  ordinances 
of  the  Mayor  and  City  Council  of  Baltimore.  Any  vacancy  in 
the  office  of  Surveyor  shall  be  filled  by  the  Mayor  and  City 
Council  of  Baltimore  for  the  residue  of  the  term. 

Baltimore  City  v.  Lyman,  92  Md.  610. 

CONSTABLES. 

1912,  ch.  823. 

206.  There  shall  be  two  Constables  for  every  ward  of  the 


173 

City  of  Baltimore,  who  shall  be  appointed  by  the  Mayor  aud 
City  Council  of  Baltimore  and  hold  their  offices  for  two  years. 
Their  duties  and  compensation  shall  be  the  same  as  are  now, 
or  may  hereafter  be  prescribed  by  law  or  ordinances. 

Constable  failing  to  qualify  within  thirty  days  after  his  appointment, 
forfeits  his  position. 

Little  V.  Schul,  118  Md.  4.55.     {Sec  notes  to  section  623). 

Ordinance  passed  in  pursuance  of  Charter  has  same  force  as  Act  of 
the  Legislature. 

Gould  V.  Baltimore,  119  Md.  534. 

SUPEEINTEISTDENT   OF  PUBLIC  BUILDINGS. 

207.  There  shall  be  a  Superintendent  of  Public  Buildings, 
who  shall  be  appointed  by  the  Mayor  in  the  manner  prescribed 
in  section  25  of  this  Article,  and  hold  his  office  as  therein  pro- 
vided. The  said  Superintendent  of  Public  Buildings  shall 
provide  for  the  watching,  cleaning  and  heating,  and  shall  have 
charge  of,  the  City  Hall  and  the  buildings  and  offices  in  which 
the  different  Courts  of  the  city  may  be  held  and  in  which  their 
records  may  be  kept.  He  shall  receive  a  salary  of  one  thousand, 
five  hundred  dollars  per  annum,  payable  monthly,  and  perform 
such  other  duties  as  may  be  provided  by  ordinances,  not  incon- 
sistent with  this  Article.  He  shall  employ  such  assistants  and 
employees,  and  at  such  compensation  as  may  be  fixed  by  ordi- 
nance. 

PUBLIC  PRINTER. 

208.  There  shall  be  a  Public  Printer,  who  shall  be  elected  on 
the  second  Monday  of  June,  in  the  year  eighteen  hundred  and 
ninety-nine,  and  on  the  same  day  and  month  in  every  second 
year  thereafter,  by  a  convention  of  both  Branches  of  the  City 
Council.  The  Public  Printer  shall  be  a  reputable  person,  firm 
or  corporation,  who  shall  be  bona  fide  engaged  in  the  printing- 
business  in  the  City  of  Baltimore,  to  execute  the  printing  re- 
quired by  both  Branches  of  the  City  Council,  who  shall  perform 
the  duties  required  of  him,  them  or  it  by  ordinances  not  incon- 
sistent with  this  Article,  and  who  shall,  before  he,  they  or  it 
enter  upon  the  discharge  of  his,  their  or  its  duties  as  such, 
execute  a  bond  to  the  Mayor  and  City  Council  of  Baltimore,  in 
the  penal  sum  of  five  thousand  dollars,  with  the  condition  that 
he,  they  or  it  will  faithfully  discharge  the  several  duties  incum- 
bent upon  him,  them  or  it,  which  l)ond  shall  be  deposited  in  such 
place  as  the  Mayor  may  select  for  depositing  papers  of  this  kind, 
and  be  delivered  by  him  to  his  successor  in  office. 

Baltimore  City  v.  Lyman,  92  Md.  .610. 


174 

1906,  ch.  565. 
208A.  There  shall  be  a  Department  of  Legislative  Refer- 
euce  of  the  Mayor  and  City  Council  of  Baltimore.  The  head  of 
said  Department  shall  consist  of  a  Board  composed  of  the  Mayor 
of  Baltimore,  the  City  Solicitor,  the  President  of  the  Johns 
Hopkins  University,  the  President  of  the  Municipal  Art 
Society,  and  the  President  of  the  ^Merchants  and  Manufacturers' 
Association  of  Baltimore  City,  and  the  members  of  the  said 
Board  shall  serve  without  pay.  The  said  Board  shall  employ 
a  competent  statistician  as  its  executive  officer  to  organize  and 
conduct  the  said  Department,  and  the  said  executive  officer  shall 
hold  office  from  the  first  day  of  January,  1907,  during  good 
behavior,  and  shall  be  subject  to  removal  by  the  said  Board  or  a 
majority  thereof,  for  incompetence  or  neglect  of  duty. 

1906,  ch.  565. 

208B.  It  shall  be  the  duty  of  said  executive  officer  to  investi- 
gate and  report  upon  the  laws  of  this  and  other  States  and  cities 
relating  to  any  subject  upon  which  he  may  be  requested  to  so 
report  by  the  Mayor  of  Baltimore,  any  Committee  of  the  City 
Council  or  the  head  of  any  City  Department ;  to  accumulate  all 
data  obtainable  in  relation  to  the  practical  operation  and  effect 
of  such  laws ;  to  investigate  and  collect  all  available  information 
relating  to  any  matter  which  is  the  subject  of  proposed  legisla- 
tion by  the  General  Assembly  of  Maryland,  or  the  City  Council 
of  Baltimore ;  to  examine  acts,  ordinances  and  records  of  any 
State  or  city,  and  report  the  result  thereof  to  the  jMayor  of 
Baltimore,  any  Committee  of  the  City  Council  or  the  head  of 
any  City  Department  requesting  the  same ;  to  prepare  or  advise 
in  the  preparation  of  any  bill,  ordinance  or  resolution  when 
requested  so  to  do  by  any  member  of  the  City  Council ;  to  pre- 
serve and  collect  all  information  obtained,  carefully  indexed 
and  arranged  so  as  to  be  at  all  times  easily  accessible  to  city 
officials  and  open  to  the  inspection  of  the  general  public;  to 
perform  such  other  duties  as  the  said  Board  may  prescribe;  and 
to  make  a  full  and  complete  report  thereof  on  or  before  the  first 
dav  of  February  of  each  and  everv  vear  to  cover  the  work 
for  the  previous  fiscal  year  ending  December  thirty-first. 

1906,  ch.  565. 

208C.  The  Board  of  Estimates  shall  provide  in  the  ordi- 
nance of  estimates  for  the  year  1907,  and  annually  thereafter, 
for  the  pa\anent  of  the  salary  of  said  Executive  Officer,  which 
shall  not  be  less  than  $2,000  per  annum,  and  also  a  sum  suffi- 


175 

cieut  to  pay  all  other  expenses  of  the  said  Department  of  Legis- 
lative Reference. 


LEGISLATIVE  DEPARTMENT. 
CITY  COUI^CIL. 

p.  L.  L.,  (1860)  Art.  4,  sec.  12.    P.  L.  L.,  (1888)  Art.  4,  sec.  16. 
209.     The  Legislative  Department  of  the  Mayor  and  City 
Conncil  of  Baltimore  shall  be  vested  in  the  City  Council,  which 
shall  consist  of  two  Branches,  one  of  which  shall  be  the  First 
Branch  and  the  other  the  Second  Branch. 

Baltimore  City  v.  Gorter,  93  Md.  1,  8. 
In  connection  witli  this  section,  see,  Smyrk  v.  Sharp,  82  Md.  97. 


P.  L.  L.,  (1860)  Art.  4,  sees.  13,  24.    P.  L.  L.,  (1888)  Art.  4,  sees.  17,  28. 

210.  The  First  Branch  shall  consist  of  one  member  from 
each  ward  of  the  city,  who  shall  be  a  citizen  of  the  United 
States,  above  the  age  of  twenty-one  years,  a  resident  of  the  city 
three  years  preceding  his  election,  and  for  the  same  time  a  resi- 
dent of  the  w^ard  for  which  he  is  elected,  and  assessed  with 
property  to  the  amount  of  three  hundred  dollars,  who  has  paid 
taxes  on  the  same  one  year  prior  to  his  election,  and  shall  hold 
his  office  for  two  years.  Each  member  of  the  First  Branch  shall 
be  paid  a  salary  of  one  thousand  dollars  per  annum,  payable 

monthly. 

Baltimore  City  v.  Gorter,  93  Md.  8. 
In  connection  with  section  210,  see,  Kean  v.  Rizer,  90  Md.  507.    Yan- 
neman  y.  Pusey,  93  Md.  686,  690. 

P.  L.  L.,  (1860)  Art.  4,  sees.  14,  24.     P.  L.  L.,  (1888)  Art.  4,  sees.  18,  28. 

1898,  ch.  123.     1901,  ch.  8. 

211.  The  Second  Branch  shall  consist  of  nine  members,  one 
of  whom  shall  be  the  President  thereof,  and  shall  possess  the 
qualifications  and  bo  elected  as  hereinafter  provided.  The  other 
eight  members  shall  be  elected  from  four  Councilmanic  Dis- 
tricts, two  from  each  district;  said  district  to  be  established  and 
fixed  as  herein  defined  by  this  Act.  The  members  of  the  Second 
Branch,  excepting  the  President  thereof,  shall  be  citizens  of  the 
United  States  above  the  age  of  twenty-five  years,  residents  of  the 
City  of  Baltimore  four  years  prior  to  their  election,  each  of 
whom -has  been  assessed  with  property  in  the  said  city  in  the 
sum  of  five  hundred  dollars,  and  who  has  paid  taxes  on  the  same 
for  two  years  prior  to  his  election ;  and  the  said  members  of  the 
Second  Bi-iincli  slmll  liold  thcii-  offices  for  four  years,  except  as 


176 

provided  iu  section  213  of  this  Article,  aud  each  of  them  shall 

be  paid  a  salary  of  one  thousand  dollars  per  annum,  payable 

monthh'. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

For  diet  (I  of  the  Court  of  Appeals  in  connection  with  provisions  simi- 
lar to  those  of  section  211,  sec,  Kean  v.  Rizer,  90  Md.  507.  Vanneman  v. 
Piisey,  93  Md.  686,  690. 

See  proviso  of  Act  1901,  ch.  8.  relating  to  present  imcumbents. 

P.  L.  L.,   (1860)  Art.  4,  sec  15.     1888.  ch.  397.     P.  L.  L.,    (1888)  Art.  4, 

sec.  19.    1908,  ch.  157. 

212.  The  election  for  members  of  the  First  Branch  shall  be 
held  on  the  Tuesday  next  after  the  first  Monday  in  May  in  the 
year  nineteen  hundred  and  eleven,  and  upon  every  fourth  year 
thereafter.  Their  terms  of  office  shall  be  for  four  years.  Said 
election  shall  be  held  by  wards,  and  no  person  shall  be  entitled 
to  vote  for  any  member  of  the  First  Branch  except  for  the 
member  for  the  ward  of  which  the  voter  is  a  resident.  The 
members  of  said  Branch  now  in  office  shall  hold  office  until  their 
successors  have  been  elected  under  the  provisions  of  this  Article, 
and  have  duly  qualified. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

r.  L.  L.,  (1860)  Art.  4,  sec.  16.  P.  L.  L.,  (1888)  Art.  4,  sec.  20. 
1888,  ch.  397.  1890,  ch.  10.  1908,  ch.  157. 

213.  The  election  for  the  said  eight  members  of  the  Second 
Branch  shall  be  held  on  the  Tuesdav  next  after  the  first  Mondav 
in  May,  in  the  year  nineteen  hundred  and  eleven,  and  upon  every 
fourth  year  thereafter.  Their  terms  of  office  shall  be  for  four 
years.  The  members  of  the  Second  Branch  now  in  office  shall 
hold  office  until  their  successors  have  been  elected  under  the  pro- 
visions of  this  Article,  and  have  duly  qualified. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

214.  There  shall  be  elected  on  the  Tuesday  next  after  the 
first  ]\Ionday  iu  May,  in  the  year  eighteen  hundred  and  ninety- 
nine,  and  upon  every  fourth  year  thereafter,  from  the  city  at 
large,  a  person  to  be  the  President  of  the  Second  Branch  of  the 
City  Council,  who  shall  possess  the  qualifications  required  and 
hereinbefore  defined,  of  the  Mayor  of  the  City  of  Baltimore. 
His  duty  shall  be  to  preside  over  the  Second  Branch  of  the  City 
Qouncih  and  vote  on  all  questions,  and  perform  such  other 
duties  as  may  be  prescribed  by  ordinances  not  inconsistent  with 
this  Article.  He  shall  be  paid  a  salary  of  three  thousand  dollars 
per  annum,  payable  monthly.     A  joint  convention  of  the  two 


177 

Branches  of  the  City  Council,  by  a  majority  vote  of  all  the 
members  elected  to  the  City  Council,  may  remove  from  office 
the  President  of  the  Second  Branch  for  incompetency,  wilful 
neglect  of  duty  or  misdemeanor  in  office,  upon  charges  preferred 
by  the  Mayor,  and  after  notice  of  such  charges  is  given  to  the 
President  of  the  Second  Branch,  and  an  opportunity  afforded 
him  to  be  heard. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

P.  L.  L..  (1860)  Art.  4,  sees.  17,  18.    P.  L.  L.,  (ISSS)  Art.  4,  sees.  21,  22. 

215.  The  qualifications  of  electors  of  members  of  the  City 
Council  shall  be  the  same  as  those  of  electors  of  the  Mayor,  All 
vacancies  in  the  First  Branch  shall  be  filled  without  delav  bv 
the  First  Branch  from  the  ward  in  which  the  said  vacancy 
occurs,  by  an  election  of  a  person  possessing  the  qualifications 
hereinbefore  prescribed,  to  fill  the  unexpired  term  of  the  former 
incumbent.  If  a  vacancy  occurs  in  the  Second  Branch,  then 
said  Branch  shall  forthwith  fill  said  vacancy  by  the  election  of  a 
person  possessing  the  qualifications  hereinbefore  prescribed 
from  the  city  at  large  or  from  the  proper  Councilmanic  District, 
if  there  be  such  District  at  that  time. 

Baltimore  City  v.  Gorter,  93  Md.  8. 

P.  L.  L..   (1860)  Art.  4,  sec.  20.     1868,  ch.  451.    1888,  eh.  397.     P.  L.  L., 

(1888)  Art.  4,  sec.  24. 

216.  The  City  Council  shall  meet  on  the  Thursday  next  after 

the  third  Monday  in  May,  in  the  year  eighteen  hundred  and 

ninety-nine,  and  upon  the  same  day  in  each  year  thereafter,  and 

may  continue  in  session  for  one  hundred  and  twenty  days,  and 

no  longer,  in  each  year ;  provided,  that  they  may,  by  ordinance 

or  resolution,  so  arrange  their  sittings  that  the  same  may  be 

held  continuously  or  otherwise,  and  provided  further,  that  the 

Mayor  may  convene  the  City  Council  in  extra  session,  as  he  may 

now  do  by  the  fourth  section  of  the  eleventh  Article  of  the  State 

Constitution. 

Baltimore  City  v.  Gorter,  93  Md.  8. 
Ordinances   introduced   during   first    legislative   year   may    he   passed 
during  second  legislative  year.. 

Bond  V.  M.  &  C.  C,  111  Md.  364. 

P.  L.  L.,    (1860)    Art.  4,  sees.  21,  22,  23.     P.  L.  L.,    (1888)    Art.  4, 

sees.  25,  26,  27. 

217.  Each  Branch  of  the  City  (Council  may  compel  the  at- 
tendance of  absent  members,  in  such  manner  and  under  such 
penalties  as  it  may  1)V  oi'dinance  provide.     The   First  Branch 


178 

shall  appoint  its  o^^^l  President,  who  shall  preside  at  all  its 
sessions,  and  shall  vote  on  all  questions,  and  in  case  of  the 
absence,  sickness  or  other  disqualification  of  the  Mayor  and  the 
President  of  the  Second  Branch,  shall  perform  all  the  duties  of 
the  office  of  Mayor  during  the  period  in  which  the  sickness,  ab- 
sence or  disqualification  of  said  officer  shall  continue.  Each 
Branch  of  the  City  Council  shall  judge  of  the  election  and 
qualifications  of  its  ovra  members,  subject  to  appeal  by  petition 
of  the  partv  ac'S'rieved  to  the  Baltimore  Citv  Court.  With  the 
concurrence  of  three-fourths  of  the  whole  members  of  either 
Branch,  it  may  expel  any  member  for  disorderly  behavior  or 
misconduct  in  office,  but  not  a  second  time  for  the  same  offense. 
Each  Branch  shall  adopt  its  own  rules  of  procedure,  not  incon- 
sistent with  this  Article,  appoint  its  own  officers,  regulate  their 
respective  compensation  not  to  exceed  in  the  aggregate  the 
amount  appropriated  by  the  ordinance  of  estimates,  and  remove 
them  at  pleasure.  Each  Branch  shall  keep  a  journal  of  its  pro- 
ceedings, and  enter  yeas  and  nays  on  any  question,  resolution 
or  ordinance,  at  the  request  of  any  member,  and  the  delibera- 
tions of  both  Branches  shall  be  public. 

Heiskell  v.  M.  &  C.  C.  of  Baltimore,  65  Md.  125.  Zeiler  v.  Central 
Ry.  Co.,  84  Md.  304.  Balto.  City  v.  Gorter,  93  Md.  8.  Cf.,  Murdoch  v. 
Strange,  99  Md.  89. 

Potvers  of  Second  Branch  City  Council.  The  Charter  having  clothed 
the  Second  Branch  with  plenary  jurisdiction  over  an  election  contest, 
all  the  powers  necessary  to  make  the  jurisdiction  effective  are  not 
implied  as  incidentally  granted.  Rules  of  procedure  are  binding  only 
upon  members  and  upon  others  coming  within  their  sphere.  Venable  v. 
Upshur,  Daily  Record,  October  11,  1901. 

P.  L.  L..    (1860)   Art.  4,  sec.  33.     P.  L.  L.,   (1888)   Art.  4,  sec.  29. 

218.  The  Ma.yor  and  City  Council  of  Baltimore  shall  have 
power  to  pass  all  ordinances  necessary  to  give  effect  and  opera- 
tion to  all  j)owers  vested  in  the  corporation  of  the  City  of 
Baltimore. 

AGENTS  OF  THE  MUNICIPAL  CORPORATION. 

Adoption  of  Unauthorised  Acts  of  Agents.  The  municipal  corporation, 
in  the  absence  of  any  required  legislative  formality,  may  ratify  and 
adopt  a  contract  made  by  its  agents  unauthorized,  if  the  subject-matter 
thereof  be  within  its  power  and  control  and  the  contract  could  have  been 
previously  authorized  by  ordinance. 

Baltimore  v.  Weatherby,  52  Md.  442.  ^ 

Implied  Anthoriti/  of  Agents.  From  considerations  of  public  policy, 
public  corporations  such  as  states  or  municipalities,  are  exempt  in  a 
greater  degree  from  responsibility  for  implied  authority  founded  on  the 
conduct  of  those  whom  they  employ. 

Tome  V.  Parkersburg,  39  Md.  75. 


179 

Unauthorised  Acts  of  Agents.  A  municipal  corporation  cannot  be  held 
liable  for  the  unauthorized  acts  of  its  agents. 

Mayor  &  C.  C.  of  Baltimore  v.  Eschbach,  18  Md.  276. 

No  Presumption  of  Ratification.  Cities  and  other  purely  municipal 
corporations  ******  have  neither  property  or  power  for  purposes 
of  personal  aggrandizement  *********  They  are  themselves 
agents  *  *  *  *  and  are  not  to  be  presumed  to  recognize  and  incidentally 
ratify  and  confirm  acts  of  their  officers  beyond  the  scope  of  their  authority. 
Mayor,  etc.  v.  Reynolds,  20  Md.  1. 

APPROPRIATIONS. 

Appropriations  to  aid  institutions  of  a  benevolent  and  charitable  char- 
acter not  created  by  municipal  power  conferred  on  the  'Mayor  and  City 
Council  of  Baltimore,  are  unauthorized. 

St.  Mary's  Industrial  School  v.  Bi'own,  45  Md.  310. 

Color  Line.    The  state  or  a  municipality  may  lawfully  grant  aid  to  a 
private  educational  institution  from  which  colored  people  are  excluded. 
Clark  V.  Maryland  Institute,  87  Md.  64.3. 

BALLOTS. 

Appointment  of  Officers.  When  a  municipality  is.  empowered  by 
charter  to  provide  for  the  appointment  of  certain  officers,  and  an  ordi- 
nance provides  that  these  officers  shall  be  chosen  by  ballot,  then,  accord- 
ing to  the  principles  of  the  common  law,  a  blank  ballot  cannot  be  counted 
in  estimating  the  total  number  of  votes  cast ;  and  the  municipality  has 
no  power,  to  declare  by  resolution,  or  adopt  by  usage,  as  a  rule  of  pro- 
cedure, that  in  the  election  of  officers,  a  blank  ballot  shall  be  counted 
as  a  vote. 

Murdoch  v.  Strange,  99  Md.  104. 

BUILDINGS. 
Refusal  of  Permits.  A  municipal  ordinance  authorizing  a  permit  for 
a  new  building  to  be  refused  at  the  discretion  of  a  municipal  agency 
because  a  building  to  be  erected  does  not  conform  in  general  chai'acter 
to  the  other  buildings  in  the  neighborhood  of  proposed  building  is  void. 
The  Charter  power  to  regulate  buildings  in  Baltimore  City  is  limited  to 
regulations  guarding  against  dangers  arising  from  unsafe  construction 
or  from  the  use  of  inflammable  materials,  or  some  similar  exercise  of 
the  police  power. 

Bostock  V.  Saras,  95  Md.  400. 

CITY  COUNCIL. 

City  Council  Committees.    Rule  laid  down  as  to  when  the  investigation 
of  a  City  Council  Committee  will  not  be  interfered  with. 

Williams  v.  Smyrk,  Daily  Record,  February  18,  1895. 
Province  of  the  City  Council  in  rclatioii  to  power  to  pass  ordinances. 
Smyrk  v.  Sharp.  S2  Md.  97. 

Tax  Rate.     The  City  Council   is   not   authorized   to  fix  the  tax  rate 
before  the  report  of  the  Board  of  Estimates.     Right  of  the  City  Council 
to  change  appropriation  proposed  in  the  Ordinance  of  Estimates, 
Baltimore  City  v.  Gorter,  93  Md.  8. 


180 

CONTRACTS. 

Contracts  with  the  Municiixtlity.  The  rights,  powers  and  liabilities 
of  a  municipality  mii.st  be  considered  with  reference  to  the  subject-matter 
to  which  such  contracts  relate,  and  the  character  in  which  the  municipal 
body  acts  in  making  them.  But  in  respect  to  contracts  made  by  them  in 
the  exercise  of  powers  intrusted  to  them  in  their  municipal  character, 
exclusively  for  public  purposes,  courts  have  no  power  to  review  or 
control  their  acts,  unless  tliey  transcend  the  limits  of  their  delegated 
powers. 

Rittenhouse  v.  Mayor,  25  Md.  336. 

Modification   of   Contracts.     Power   of  the   municipal   corporation  to 
modify  a  contract  authorized  by  the  Legislature,  discussed  in — 
Cumberland  v.  Wilson,  50  Md.  138. 

JJltra  Vires  Contracts.  When  the  contract  is  one  which  a  municipal 
cori)oration  has  no  authority  to  make,  and  is  one  which  will  increase  the 
burden  of  taxation,  then  an  injunction  to  prevent  its  execution  may 
issue  at  the  instance  of  any  taxpayer. 

Where  a  special  power  is  conferred  upon  officers  of  a  municipal  cor- 
poration to  make  a  contract,  and  the  terms  and  conditions  upon  which 
the  authority  is  to  be  exercised  are  prescribed,  there  must  be  at  least  a 
substantial  compliance  with  such  terms  and  conditions,  or  tlie  contract 
will  be  invalid.         Baltimore  v.  Keyser,  72  Md.  109. 

Same.  When  an  Ultra  Vires  Contract  of  Municipal  Corporation  may 
hecome  valid.  When  a  contract  by  a  municipal  corporation  is  ultra  vires 
it  becomes  valid  when  subsequently  confirmed  by  the  Legislature,  if  the 
contract  is  one  which  the  Legislature  might  have  originally  authorized. 
An  injunction  will  be  granted  to  protect  and  secure  rights  acquired 
under  a  lawful  municipal  ordinance. 

C.  &  P.  Telephone  Co.  v.  Baltimore,  89  Md.  689. 

Same.  Not  an  Impairment  of  a  contract.  A  municipal  corporation 
cannot  make  a  contract  which  deprives  subsequent  municipal  authorities 
of  their  legislative  power.  The  ultra  vires  contract  of  a  municipal  cor- 
poration is  not  within  the  provision  of  the  Federal  Constitution  for- 
bidding the  impairment  of  contracts,  because  where  no  valid  contract 
exists,  there  can  be  no  impairment  of  its  obligation. 

Westminster  Water  Co.  v.  Westminster,  98  Md.  551. 

ESTOPPEL. 

Application  of  the  Doctrine  to  a  Municipal  Corporation.  The  doctrine 
of  estoppel  applied  against  the  city  in  a  case  where  the  act  done,  was 
strictly  within  the  powers  of  the  Mayor  and  City  Council  of  Baltimore, 
but  the  corporation  failed  to  comply  with  some  formality  or  regulation 
which  it  should  not  have  neglected. 

Rose  v.  Mayor,  51  Md.  256. 

FRANCHISES. 

Franchises  granted  by  the  Legislature  cannot  be  annulled  by  ordinance 
of  the  Mayor  and  City  Council  of  Baltimore. 

Lake  Roland  Elv.  R.  R.  Co.  v.  Baltimore,  77  Md.  352. 


181 

IMrROVEMENTS. 

Abandonment  of  same  by  City.  A  municipal  corporatiou  lias  the  right 
to  abandon  any  contemplated  improvement  and  repeal  at  its  pleasure 
any  ordinance  providing  for  the  same,  and  after  such  abandonment 
property  owners  cannot  compel  the  corporation  to  take  and  pay  for 
property  condemned  for  such  purposes ;  nor  does  any  action  lie  for  an 
abandonment  merely.  But  where  the  owner  of  property  suffered  loss 
or  damage  by  the  acts  or  delay  of  the  corporation  in  any  such  case,  he 
is  entitled  to  redress  for  the  same. 

Mayor  v.  Musgrave,  48  Md.  272.  Lake  Roland  Blv.  R.  R.  Co.  v.  Balti- 
more, 77  Md.  352. 

LEGISLATURE. 

Power  to  make  Valid  Defective  Municipal  Proceedings.  The  Legis- 
latui'e  in  an  act  conferring  powers  upon  a  municipal  corporation,  may 
make  valid  previous  defective  proceedings. 

M.  &  C.  C.  of  Baltimore  v.  Reitz,  50  Md.  574. 

Poicer  to  make  Valid  Ultra  Vires  Contract.  The  principle  that  the 
Legislature  may  render  valid  a  contract  made  by  a  municipal  corpora- 
tion, though  ultra  vires  at  the  time  it  was  made,  if  the  contract  is  one 
which  the  Legislature  might  originally  have  authorized,  applies  with 
peculiar  force  to  the  case  of  a  contract  relating  to  work  in  which  the 
public  is  interested  and  which  is  for  the  public  benefit  after  it  has  been 
executed. 

O'Brian  v.  Baltimore  County,  51  Md.  15. 

LICENSES. 

Poiver  to  Impose  License  Fees.  A  municipal  corporation  is  not  author- 
ized to  impose  license  fees  or  taxes  upon  particular  trades  or  industries, 
unless  the  power  to  do  so  has  been  conferred  upon  the  municipality  by 
the  State. 

Cambridge  v.  Water  Co.,  99  Md.  503. 

MARKETS. 

Police  Power.    The  right  to  regulate  markets  is  a  police  power. 

State  v.  Rowe,  72  Md.  548. 

MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE. 

Nature  of  the  Corporation.  The  Mayor  and  City  Council  of  Baltimore 
are  but  trustees  of  the  public;  the  tenure  of  their  office  impresses  their 
ordinances  with  liability  to  change.  They  could  not,  if  they  would, 
pass  an  irrevocable  ordinance.  The  corporation  cannot  abridge  its 
legislative  powers. 

State  v.  Graves,  19  Md.  351.  Lake  Roland  Elv.  R.  R.  Co.  v.  Balto..  77 
Md.  352. 

Public  Convenience  and  Welfare.  When  the  power  is  conferred  upon 
the  Mayor  and  City  Council  of  lialtimore  to  do  certain  acts  when,  in  its 
opinion,  "the  public  convenience  and  welfare  require  it,"  its  .iudgment 
upon  the  question  is  final. 

Mayor,  &c.,  of  Balto.  v.  Clunet,  23  Md.  450. 


182 

ORDINANCES. 

Compihitiini  of  Onlindtwes.  It  is  competent  for  a  municipal  legisla- 
ture by  a  single  ordinance  to  declare  any  compilation  of  ordinances  or 
proposed  ordinances  to  be  in  force,  in  the  absence  of  a  statutory  pro- 
hibition. 

Garrett  v.  Janes,  65  Md.  260. 

Construction  of  Ordinances.  A  municipal  corporation  may  pass  an 
ordinance  within  the  limits  of  its  delegated  powers,  contingent  as  to  its 
operation  and  effect  on  the  existence  or  occurrence  of  facts  germane  to 
its  subject-matter.  The  same  general  rules  of  construction  which  govern 
the  interpretation  of  Acts  of  the  Legislature  are  equally  applicable  to 
the  legislative  acts  of  a  municipal  corporation. 

Mayor  v.  Hughes,  1  G.  &  J.  480.  State  ex.  rel.  Mayor  v.  Kirkley  et  al. 
29  Md.  85. 

General  Ordinances.  Rights  of  a  citizen  under  general  ordinances — ■ 
When  a  citizen  is  entitled  to  certain  rights  under  a  general  municipal 
ordinance,  he  cannot  be  deprived  of  them  by  a  resolution  of  the  City 
Council  which  excepts  him  from  the  operation  of  the  ordinance,  but 
leaves  it  in  force. 

Gallagher  v.  Flury,  99  Md.  181. 

Neto  Charter. — Its  effect  upon  existing  ordinances. 

Bostock  V.  Sams.  95  Md.  400. 
Ordinance  of  Estimates.     Powers  of  City  Council  and  Board  of  Esti- 
mates in  relation  thereto  under  the  New  City  Charter. 
Baltimore  City  v.  Gorter,  93  Md.  8. 

Ordinances. — An  ordinance  has  all  the  force  of  statute  law  upon  the 
City  itself  and  all  its  citizens,  and  it  can  no  more  be  ignored  by  the 
municipal  corporation  or  any  of  its  branches  of  government,  than  it 
could  be  by  the  humblest  citizen. 

Bond  v.  Malster,  Daily  Record,  July  6,  1899. 

Preamhle  of  Ordinance  or  statute,  may  be  a  key  to  its  proper  construc- 
tion and  interpretation. 

Mayor  v.  Moore,  6  H.  &  J.  381. 

Recitals  in  Ordinances  of  Basis  of  Power  Unnecessary.  Where  the 
power  actually  exists  to  pass  an  ordinance,  no  power  need  be  stated 
therein  as  its  basis. 

Methodist  Protestant  Church  v.  Mayor,  &c.,  6  Gill  391.  Baltimore  v. 
Ulman.  79  Md.  384. 

Repealing  Ordinances.    A  repealing  ordinance  cannot  affect  or  destroy 
any  right  which  was  acquired  under  the  first  ordinance  before  its  repeal. 
McMechin  v.  Mayor.  2  H.  &  J.  41 :  3  H.  &  J.  .534. 
Same.     Priority  Bettccen  Ordinances.     Repeal  of  ordinances  by  impli- 
cation. Smyrk  v.  Sharp,  82  Md.  97. 

Validity  of  Ordinances.     An  ordinance  is  not  invalid  and  void  simply 
because  in  its  passage  the  rules  of  procedure  of  the  City  Council  have 
been  violated,  and  the  Court  cannot  inquire  into  such  violation. 
Zeiler  v.  Hooper,  Daily  Record,  Sentemher  23,  1896. 


183 

Violation  of  Municipal  Ordinances.  When  restrained.  The  violation 
of  a  municipal  ordinance  will  not  be  restrained  by  injunction  at  the 
instance  of  a  party  who  does  not  show  tliat  such  violation  will  work 
some  special  or  irreparable  injury  to  him. 

King  V.  Hamill,  97  Md.  103. 

Void  Ordinances.  Where  a  municipal  corporation  is  seeking  to  enforce 
a  void  ordinance,  a  court  of  equity  has  jurisdiction,  at  the  suit  of  any 
person  injuriously  affected  thereby,  to  stay  its  execution  by  injunction. 

Baltimore  v.  Radecke,  49  Md.  217.  Baltimore  v.  Scharf,  54  Md.  526. 
Deems  v.  Mayor  &  C.  C.  of  Balto.,  SO  Md.  172. 

POWERS   OF   MUNICIPALITY. 

Definition  and  Discussion  of  the  Various  Municipal  Powers.  Control 
of  the  Legislature  over  corporate  powers. 

M.  &  C.  C.  of  Baltimore  v.  State,  15  Md.  376.  Glenn  v.  Mayor,  5 
G.  &  J.  424. 

A  Municipal  Corporation  cannot  abridge,  diminish  or  enlarge  its  own 
powers  by  a  rule  made  by  itself. 

Heiskell  v.  M.  &  C.  C.  of  Baltimore,  65  Md.  125. 

Construction  of  Powers.  The  powers  of  a  public  corporation  are  to  be 
strictly  construed. 

Baltimore  v.  Gill,  31  Md.  375. 

Delegated  Powers. 

Mayor,  &c.  v.  Hughes,  1  G.  &  J.  480. 

Exercise  of  Powers.  Ordinances  passed  in  exercise  of  particular 
powers.  The  exercise  of  a  power  delegated  to  the  municipality  for  the 
l>ublic  good,  is  imperative  and  not  discretionary.  What  constitutes  a 
valid  exercise  of  a  power  delegated  to  the  Mayor  and  City  Council  of 
Baltimore. 

Glenn  v.  Mayor,  5  G.  &  J.  424.  Mayor,  &c.  v.  Marriott,  9  Md.  160. 
Deems  v.  M.  &  C.  C.  of  Baltimore,  80  Md.  172. 

Same.  Power  to  Provide  for  Exercise  of  a  Delegated  Power.  The 
possession  of  a  power  by  a  corporation  to  do  an  act,  is  of  itself  the  pos- 
session of  the  right  to  provide  for  the  doing  of  the  act  by  agents.  But 
the  giving  of  a  power  to  a  corporation,  and  the  authority  to  provide  for 
the  exercise  of  the  power,  are  different.  The  authority  to  provide  for 
the  exercise  of  a  power  not  being  the  possession  of  the  power  itself,  but 
a  right  only  to  confer  it,  or  to  authorize  the  exercise  of  it  by  others. 
Mayor,  &c.,  Balto.  v.  Howard,  6  H.  &  J.  389. 

Legislature.  When  the  Mayor  and  City  Council  of  Baltimore  are 
liresuuied  to  have  all  the  power  of  the  Legislature  in  a  particular  case. 

Harrison  v.  Mayor,  1  Gill.  264. 

Limitation  on  Exercise  of  Munivipal  Powers.     The  corporate  authori- 
ties of  the  city  can  exercise  no  power  which  is  not,  in  express  tei'ms,  or 
hy  f;iir  and  reasonable  implication,  conferred  \\\)o\\  th»>  corporation. 
St.  Mary's  Industrial  School  v.  Brown,  45  Md.  310. 


184 

Police  Power.  Tlie  power  of  the  municipality  in  relation  to  streets  is 
classed  as  belonj^inj:  to  the  police  power;  it  is  the  duty  of  the  city  to 
preserve  them  ft)r  lejiitiniate  purposes. 

Lake  Rol.  Elv.  K.  K.  Co.  v.  Balto.,  77  Md.  352.  Deems  v.  M.  &  C.  C. 
of  Balto.,  SO  Md.  172. 

Power  to  Regulate  does  not  include  Power  to  Prohibit.  The  power 
given  to  a  municipality  to  regulate  the  manner  of  doing  a  thing,  does 
not  include  the  power  to  prohibit  altogether  the  doing  of  the  thing.  The 
power  given  by  statute  to  the  Mayor  and  City  Council  of  Baltimore  to 
regulate  the  manner  of  appointing  persons  to  office  under  the  corpor- 
ation does  not  embrace  a  power  to  destroy  the  right  of  the  Mayor  to 
nominate  such  officers,  subject  to  confirmation  by  the  City  Council,  when 
such  right  is  expressly  conferred  by  statute  upon  the  Mayor. 

Hooper  v.  Creager,  84  Md.  256. 

QUORUM. 
A  Majority  of  a  legislative  body  is  in  all  cases  a  quorum,  entitled  to 
act  for  the  whole,  except  when  the  power  that  created  it  has  otherwise 
directed.    A  majority  of  the  members  of  each  Branch  of  the  City  Council 
of  Baltimore  is  a  quorum. 

Zeiler  v.  Central  Ry.  Co.,  84  Md.  304. 

TAXING  POWER. 

Belongs  to  Legislature.  The  taxing  power  belongs  to  the  Legislature 
and  it  will  not  be  held  as  conferred  upon  a  municipal  corporation  unless 
it  be  by  express  and  unequivocal  language  or  necessary  implication. 

State  V.  Rowe.  72  Md.  548. 

ULTRA  VIRES  ACTS. 
Incapable   of  Ratification.    Where   the   Mayor   and   City   Council   of 
Baltimore  has  no  power  to  authorize  an  a*ct  to  be  done,  it  being  ultra 
vires,  it  has  no  power  to  adopt  it  after  it  is  done. 

Horn  V.  Mayor,  30  Md.  218. 

The  necessity  and  reasonableness  of  the  passage  of  an  ordinance  is 
primarily  committed  to  the  Council,  and  unless  the  ordinance  is  purely 
arbitrary,  oppressive  and  capricious,  the  Courts  will  not  interfere  to 
prevent  its  enforcement. 

Baltimore  v.  WoUman,   123  Md.  310. 

P.  a.  L.,  (1860)  Art.  37,  sec.  48.    P.  L.  L..-  (1888)  Art.  4,  sec.  15. 

219.  Ordinances  and  resolutions  of  the  Mayor  and  City 
Council  of  Baltimore  may  be  read  in  evidence  from  the  printed 
volumes  thereof  published  by  authority  of  said  corporation. 

Garrett  v.  Janes,  65  Md.  265.  Central  Savings  Bank  v.  Baltimore,  71 
Md.  523. 

In  relation  to  construction  of  sec.  219.  see  also.  Shanfelter  v.  Mayor, 
etc.,  80  Md.  487.     Field  v.  Malster,  88  Md.  704. 

220.  The  style  of  all  ordinances  shall  be  :  ''Be  it  ordained 
by  the  Mayor  and  Citv  Council  of  Baltimore." 


185 

221.  Every  legislative  act  of  the  Mayor  and  City  Council  of 
Baltimore  shall  be  by  ordinance  or  resolution.  No  ordinance  or 
resolution  shall  be  passed  except  by  a  vote  of  a  majority  of  all 
the  members  elected  to  each  Branch,  and  on  its  final  passage  the 
vote  shall  be  taken  by  yeas  and  nays,  the  names  of  members 
voting  for  and  against  the  same  being  entered  on  the  journal. 
Every  ordinance  enacted  by  the  city  shall  embrace  but  one 
subject,  which  shall  be  described  in  its  title,  and  no  ordinance 
shall  be  revived,  amended  or  re-enacted  by  mere  reference  to  its 
title,  but  the  same  shall  be  set  forth  at  length,  as  in  the  original 
ordinance.  And  no  ordinance  shall  become  effective  until  it  be 
read  on  three  different  days  of  the  session  in  each  Branch,  unless 
all  the  members  elected  to  the  Branch  where  such  ordinance  is 
pending  shall  so  determine  by  yeas  and  nays,  to  be  recorded  on 
the  Journal,  and  no  ordinance  shall  be  read  a  third  time  until 
it  shall  have  been  actually  engrossed  for  a  third  reading. 

Glenn  v.  M.  &  C.  C.  of  Baltimore,  5  G.  &  J.  424,  429.  Central  Savings 
Bank  V.  Balto.,  71  Md.  523.  Baltimore  City  v.  Gorter,  93  Md.  8.  C/., 
Dreunen  v.  Bank,  80  Md.  316.  Whitman  v.  Stoll,  SO  Md.  417.  Baltimore 
City  V.  Stewart,  92  Md.  547.  Sindall  v.  Baltimore  City,  93  Md.  526. 
Hagerstown  v.  Startzman,  93  Md.  612.  Ordinances  inti-oduced  during 
first  legislative  year  may  be  passed  during  second  legislative  year. 
Bond  V.  M.  &  C.  C,  111  Md.  364. 
As  to  sufficiency  of  title,  see, 

Baltimore  v.  Wollman,  123  Md.  310. 

222.  In  case  it  becomes  necessary  for  the  President  of  the 
Second  Branch  to  fill  the  unexpired  term  of  the  Mayor,  as  herein 
provided,  the  Second  Branch  shall  thereupon  elect  a  new  Presi- 
dent for  the  unexpired  term,  but  they  shall  not  elect  as  such 
President  one  of  their  own  number. 

MISCELLANEOUS  LOCAL  LAWS. 

ADVERTISEMENTS. 

1908,  ch.  142. 

222a.  That  whenever  the  Mayor  and  City  Council  of  Balti- 
more or  any  official,  ofiicer,  employee,  agent  or  agency  thereof, 
shall  be  required  or  authorized  under  the  provisions  of  any 
general  or  local  law,  or  ordinance,  now  in  force  or  hereafter  to 
be  enacted  or  adopted,  to  publish  a  notice  of  any  description 
what.soever  in  more  than  one  newspaper,  one  of  siu^h  news- 
papers, in  the  discretion  of  the  said  municipal  corporation,  or  of 
the  said  official,  officer,  employee,  agent  or  agency  thereof,  may 
be  a  newspaper  published  in  the  German  language,  and  such 


186 

publication  shall  under  such  circumstances  have  the  same 
validity  in  all  respects  as  if  such  newspaper  was  published  in 
the  English  language,  but  nothing  in  this  Act  shall  be  taken  as 
affecting  the  provisions  of  section  49  of  Article  4,  title  "City  of 
Baltimore,''  of  the  Code  of  Public  Local  Laws  of  Maryland. 

1914,  ch.  477. 

222b.  That  any  notice  or  advertisement  required  by  any 
law  or  ordinance  to  be  published  once  in  a  daily  newspaper  by 
any  department,  sub-department,  municipal  officer  not  embraced 
in  a  department,  or  special  commission  or  board  of  the  Mayor 
and  City  Council  of  Baltimore,  or  by  any  other  party,  may  here- 
after be  published  in  the  Municipal  Journal,  issued  by  the 
Mayor  and  City  Council  of  Baltimore,  instead  of  in  a  daily 
newspaper.  Any  such  advertisement  or  notice  required  by  any 
law  or  ordinance  to  be  inserted  once  or  more  than  once  in  two 
01"  more  daily  newspapers  published  in  the  City  of  Baltimore 
may  hereafter  be  inserted  in  one  daily  newspaper  published  in 
said  city,  the  number  of  times  required  by  such  law  or  ordi- 
nance, and  in  every  issue  of  the  Municipal  Journal  published 
during  the  time  said  advertisement  or  notice  is  running.  Any 
advertisement  or  notice  which  is  hereafter  published,  as  herein- 
above directed,  shall  have  the  same  legal  effect  as  if  it  had  been 
published  in  strict  conformity  to  the  law  or  ordinance  requir- 
ing such  publication,  as  such  law  or  ordinance  existed  prior  to 
the  passage  of  this  Act.  And  all  laws  and  parts  of  laws,  and 
all  ordinances  and  parts  of  ordinances  inconsistent  with  this 
Act  are  hereby  repealed  to  the  extent  of  such  inconsistency, 
provided  that  nothing  contained  herein  shall  affect  the  provision 
of  any  law  requiring  any  advertisement  to  be  inserted  in  a  paper 
published  in  the  German  langiiage,  and  nothing  herein  shall 
prevent  the  Mayor  and  City  Council  of  Baltimore,  or  any  de- 
partment, sub-department,  municipal  officer  not  embraced  in  a 
department,  or  special  commission  or  board  from  inserting  any 
advertisement  or  notice  in  one  or  more  than  one  daily  news- 
paper published  in  the  City  of  Baltimore,  in  addition  to  the 
advertisement  herein  provided  for  in  the  Municipal  Journal, 
whenever  in  its  or  their  judgment  such  additional  advertisement 
should  be  made. 

ARBITPtATION— COURT  OF. 

1878,  ch.  383.    P.  L.  L.,  (1888)  Art.  4,  sec.  65. 

223.  The  Board  of  Trade  shall  have  power  and  authority  to 
create  and  organize  within  itself  a  Court  of  Arbitration  for  the 


187 

adjudication  and  settlement,  according  to  the  principles  of  law, 
equity  and  commercial  usage,  or  of  either,  applicable  thereto,  of 
any  and  all  controversies  concerning  or  growing  out  of  contracts 
of  sale,  manufacturing  or  letting  on  rent ;  of  the  making  or 
negotiating  or  transfer  of  bills  of  exchange,  promissory  notes, 
bills  of  lading,  railroad,  warehouse  or  similar  receipts,  and  other 
such  commercial  paper;  of  guaranties,  of  agency,  of  bailment, 
of  partnership,  of  insurance,  of  affreightment,  or  of  any  other 
transaction,  of  whatever  specific  class,  pertaining  to  trade,  com- 
merce, navigation,  manufactures  or  mechanical  arts,  or  business 
connected  with  any  of  these,  or  contracts  for  personal  work, 
labor  and  service  done  or  rendered,  or  to  be  done  or  rendered,  in 
and  about  the  pursuit  and  transactions  of  trade,  commerce, 
navigation,  manufactures  or  mechanical  arts,  one  or  more  of  the 
parties  to  which  controversies  is  or  are  members  of  the  said 
corporation,  in  all  cases  wherein  such  controversy  is  by  the  con- 
sent of  all  the  parties  thereto,  signified  by  a  submission  in  writ- 
ing, referred  for  adjudication  and  settlement  to  said  court. 

As  to  rule  when  Public  Local  and  Public  General  laws  conflict,  see, 
Everett  \.  Avery,  19  Md.  143.  Mayor  v.  Groshon,  30  Md.  436.  Cooper 
V.  Holmes,  71  Md.  20.  McCraeken  v.  State,  71  Md.  54.  State  v.  Falken- 
ham,  73  Md.  466,  467.  Hooper  v.  Creager,  84  Md.  259.  Herbert  v.  Co. 
Com'rs,  Balto.  Co.,  97  Md.  639. 

1878.  ch.  383.     P.  L.  L.,   (1888)   Art.  4,  sec.  66. 

224.  In  order  to  the  due  and  effective  execution  of  the  power 
in  the  next  preceding  section  granted,  the  said  corporation  shall 
have  the  further  power,  either  directly  in  corporate  meeting, 
whether  the  regular  annual  meeting  or  a  special  meeting  called 
for  the  purpose  by  reasonable  notice  to  all  the  members,  of  the 
time,  place  and  object  thereof,  by  advertisement  in  one  or  more 
of  the  daily  newspapers  of  the  City  of  Baltimore,  or  else  by  dele- 
gation, in  such  meeting,  by  rule  or  otherwise,  made  through  the 
officers  and  directors,  constituting  the  Board  of  Directors  or 
management  of  said  corporation,  in  either  case  by  the  con- 
curring votes  of  a  majority  of  the  members  of  said  corporation 
or  Board  of  Directors,  as  the  case  shall  be,  present  at  such  meet- 
ing of  the  one  or  the  other  for  the  purpose — pro^'ided  there  be 
then  and  there  a  quorum  present,  as  constituted  by  the  Constitu- 
tion, Articles  of  Association  or  By-Laws  of  the  said  corporation 
or  Board  of  Directors — from  time  to  time  to  elect  from  among 
those  persons  who  have  been,  or  before  any  such  election  shall 
have  been,  admitted  to  practice  law  in  this  State,  one  learned  in 
the  law  and  possessing  such  other  qualifications  as  the  said  cor- 
poration sli;ill,  by  rule  or  regulation,  as  hereinafter  empowered. 


188 

prescribe,  whether  such  person  be  a  member  of  said  corporation 
or  not,  unless  otherwise  provided  by  such  rule  or  regulation,  as 
Judge  of  the  said  Court  of  Arbitration,  and  also  to  elect  in  like 
manner,  or  to  provide  for  the  election  or  appointment  of  a  Clerk 
of  the  said  Court;  and  shall  have  power  also,  by  rules  and  regu- 
lations duly  adopted  by  the  said  corporation  in  such  corporate 
meeting  as  aforesaid,  or  by  the  delegation  of  said  corporation  in 
such  meetings  made  by  its  said  Board  of  Directors  to  define  the 
duties,  powers  and  functions  of  the  said  Judge  and  of  the  said 
Clerk,  and  of  any  other  members  or  officers  of  the  said  Court  of 
Arbitration  provided  for  as  hereinafter  is  authorized,  and  to 
determine  the  jurisdiction  of  the  said  Judge,  original  and  ap- 
pellate, whether  sitting  alone  or  with  laymen,  members  of  the 
said  corporation  associated  with  him,  and  to  fix  the  term  of  time 
for  which  the  said  Judge  and  the  said  Clerk,  respectively,  shall 
be  elected,  and  the  terms  and  conditions  upon  which  each  shall 
hold  or  continue  to  hold  his  office,  and  the  amount  and  mode  of 
the  compensation  of  each,  not  to  be  diminished,  however,  during 
the  currency  of  the  term  of  office;  to  provide  for  the  appoint- 
ment of  .temporary  substitutes  for  the  said  Judge  and  the  said 
Clerk,  or  either,  when  from  any  cause  this  shall  be  necessary  for 
the  prompt  administration  of  the  justice  of  the  court,  and  also 
for  the  appointment  of  lay  arbitrators  as  members  of  the  said 
corporation,  for  the  hearing  and  determination  of  a  particular 
case,  either  in  the  first  instance  with  right  to  the  parties,  or 
either  or  them,  to  appeal  to  the  said  Judge,  or  as  assessors 
associated  with  the  said  Judge  when  parties  so  choose,  and  to 
define,  in  such  cases,  the  powers,  duties  and  authority  of  such 
lay  arbitrators  or  assessors;  and  also  prescribe  the  forms  and 
modes  of  application,  procedure,  pleading,  practice,  trial  and 
process  in  the  said  court,  in  all  the  necessary  details  thereof,  and 
the  effect  of  the  awards  and  judgments  or  decisions  of  the  said 
court,  as  to  the  finality  or  conclusiveness  or  otherwise  thereof, 
and  the  methods  and  means  of  securing  compliance  therewith  by 
the  parties;  and  also  to  regulate  the  costs  and  fees  to  be  paid  by 
the  parties  to  any  such  controversy,  so  submitted,  and  the 
amount  and  time  and  manner  of  payment  thereof,  and  the  dis- 
position of  such  costs  and  fees ;  provided,  however,  that  no  such 
rule  or  regulation  shall  be  valid  if  it  shall  be  contrary  to  the 
general  law  of  the  State,  or  to  natural  right  or  sound  reason,  or 
to  be  intended  to  provide  for  enforcing  payment  or  other  per- 
formance of  the  award,  judgment  or  decision  of  the  said  Court 
or  Board  of  Arbitration  by  any  final  process  of  execution  other- 
wise than  is  directed  in  the  succeeding  section. 


189 

187S,  ch.  383.     P.  L.  L.,   (1888)  Art.  4,  see.  67. 

225.  When,  in  any  such  case  so  submitted  as  is  hereinbefore 
provided,  an  award,  judgment  or  decision  shall  have  been  ren- 
dered by  the  said  Court  or  Board  of  Arbitration,  that  is,  accord- 
ing to  the  rules  and  regulations  hereinbefore  authorized,  final 
and  conclusive  upon  the  parties,  and  shall  have  been  recorded  by 
the  Clerk  of  the  said  Court  in  a  book  to  be  provided  and  kept  for 
the  purpose  within  a  time  limited  therefor  in  the  said  rules  and 
regulations,  the  successful  party  shall  have  the  right  to  have  the 
said  original  award,  judgment  or  decision  in  writing,  signed  by 
those  members  of  the  said  Court  or  Board  concurring  therein, 
and  duly  certified  by  the  Clerk  to  be  the  original  award,  judg- 
ment or  decision,  under  his  hand  and  seal  of  the  corporation; 
and  if  the  said  award,  judgment  or  decision,  shall  be  for  the 
recovery  by  the  one  party  and  pajmient  to  him  by  the  other,  of  a 
certain  sum  of  money,  the  said  successful  party  shall,  upon  his 
filing  the  said  award,  judgment  or  decision  so  certified,  with  the 
Clerk  of  the  Superior  Court  of  Baltimore  City,  or  at  his  option 
with  the  Clerk  of  the  Court  of  Common  Pleas  of  said  city,  have 
the  right  to  have  the  same  entered  by  its  proper  style,  in  the 
name  of  such  successful  party  as  plaintiff,  against  the  losing 
party  as  defendant,  in  its  order  of  time,  upon  the  court  calendar 
or  docket  of  causes  to  be  called  at  the  next  succeeding  term  or 
rule  day  of  said  court,  whichever  shall  first  occur,  and  upon  the 
call  thereof  in  its  course,  to  have  judgment  at  once  ordered  and 
entered  up,  as  upon  a  verdict  for  the  recovery  of  the  same 
amount,  according  to  the  practice  of  said  court,  and  to  have 
process  of  execution  for  its  enforcement  and  satisfaction  in  all 
respects  as  if  the  said  amount  had  been  recovered  by  a  judg- 
ment of  the  said  court  in  a  regular  suit  between  the  same  parties 
in  the  same  relative  position  on  the  record,  there  instituted  and 
prosecuted  in  the  ordinary  modes  of  proceeding  therein ;  but  if 
the  said  award,  judg-ment  or  decision  shall  be  for  the  recovery 
by  the  one  party,  and  the  surrender  or  delivery  by  the  other  to 
him  of  the  possession  of  specific  property,  the  said  successful 
party,  upon  filing  such  award,  judgment  or  decision,  so  certified 
as  aforesaid,  with  the  Clerk  of  the  Circuit  Court  of  Baltimore 
City,  or  such  other  court  therein  as  shall  at  the  time  have  juris- 
diction there  of  causes  in  equity,  shall  have  the  right,  on  or  at 
any  time  after  the  first  day  of  the  next  succeeding  term,  or  on 
or  at  any  time  after  the  next  succeeding  rule  day  of  the  said 
court,  whichever  shall  first  occur,  to  have,  upon  motion  therefor, 
an  order  made  by  the  said  court,  affirming  the  said  award,  judg- 
ment or  decision,  and  making  the  same  a  decree  of  the  said 


190 

court,  aud  to  have  the  same  enforced,  if  the  recovery  be  of  the 
possession  of  hmd,  freehold  or  leasehold,  by  a  writ  in  the  nature 
of  a  writ  of  habere  facias  possessionem,  such  as  the  said  Court 
is  authorized  to  issue  for  the  purpose  of  putting  a  purchaser 
under  its  decree  in  possession  of  the  land  purchased  by  him,  and 
to  be  executed  in  the  same  manner  and  by  the  same  officer 
against  such  losing  party  to  such  award,  judgment  or  decision, 
and  any  and  all  and  every  other  person  in  possession  of  said 
land,  claiming  the  same  bv  virtue  of  a  title  derived  from, 
through  or  under  such  losing  party,  and  acquired  subsequently 
to  the  date  of  such  award,  judgment  or  decision,  which  said 
writ  the  said  court  is  authorized  and  empowered  to  issue  for  this 
purpose  upon  application  in  writing  of  such  successful  party  to 
the  said  award,  judgment  or  decision,  in  person  or  by  attorney, 
verified  by  the  affidavit  of  himself  or  his  attorney,  unless  good 
cause  to  the  contrary  shall  be  shown  by  such  party  in  possession 
within  not  less  than  fifteen  or  more  than  thirty  days  after  notice 
in  writing  of  such  application  served  upon  such  party  in  pos- 
session in  person ;  and  if  the  recovery  be  of  the  possession  of 
personal  chattels,  by  such  process  of  execution  and  compulsion 
as  in  the  chancery  practice  of  this  State,  is  usual  and  proper  for 
the  enforcement  of  a  decree  for  the  specific  delivery  of  personal 
chattels. 

ARBITRATION   COMMITTEE    OF   THE    CORN"   AND 

FLOUR  EXCHANGE. 

1870,  ch.  136.     P.  L.  L.,   (1888)   Art.  4,  sec.  68. 

226.  The  Board  of  Directors  of  the  Corn  and  Flour  Ex- 
change shall  annually  elect  by  ballot,  five  members  of  the  asso- 
ciation, who  are  not  members  of  the  Board,  as  a  committee,  to 
be  known  as  the  Arbitration  Committee  of  the  Baltimore  Corn 
and  Flour  Exchange.  The  Board  of  Directors  may,  at  any 
time,  fill  any  vacancy  in  said  conmaittee  for  the  remainder  of 
the  term  in  which  such  vacancy  may  happen.  The  duty  of  the 
Arbitration  Committee  shall  be  to  hear  and  decide  any  contro- 
versies which  may  arise  in  business  between  the  members  of 
said  organization  or  said  members  and  other  persons  as  may  be 
voluntarily  submitted  to  the  said  committee  for  arbitration ; 
and  such  members  and  persons  may  by  an  instrument  in  writing, 
signed  by  them  and  attested  by  a  subscribing  witness,  agree  to 
submit  to  the  decision  of  said  committee  any  such  controversy 
so  arising  as  might  be  the  subject  of  an  action  at  law  or  in 
equity,  except  claims  of  title  to  real  estate. 


191 

1870,  ch.  136.     P.  L.  L.,   (1888)  Art.  4,  sec.  69. 

227.  The  mode  of  proceeding  of  said  Arbitration  Com- 
mittee, shall  be  regulated  by  the  by-laws  of  the  corporation, 
which  shall  be  substantially  complied  with  in  all  cases,  without 
prejudice,  however,  to  any  award  from  merely  formal  irregu- 
larity. The  said  committee  shall  have  power  to  apply  to  any 
Justice  of  the  Peace  for  the  City  of  Baltimore  to  issue  subpoenas 
and  other  compulsory  process  to  procure  the  attendance  of 
witnesses  before  it;  and  all  justices  so  applied  to  in  writing, 
signed  by  the  chairman  or  acting  chairman  of  said  committee, 
shall  issue  such  process  forthwith,  the  cost  of  the  same,  and  of 
the  attendance  of  the  witnesses  so  summoned,  to  be  the  same  as 
in  civil  suits  before  such  justices,  and  to  be  collectible  from  the 
parties  on  whose  behalf  the  said  witnesses  shall  be  summoned 
and  attend,  in  the  same  manner  and  by  the  same  means,  as  if 
adjudged  to  be  paid  by  a  judgment  of  the  justice  who  shall  act 
in  the  premises  in  a  civil  suit  between  the  same  parties  depend- 
ing before  him.  A  majority  of  said  committee  may  act  in  all 
cases,  and  a  majority  of  such  majority  shall  have  power  to 
render  an  award  in  the  name  of  and  as  an  act  of  the  committee. 
No  dissenting  award  or  opinions  shall  be  rendered  or  placed 
among  the  proceedings,  or  upon  the  records  of  the  committee  or 
the  corporation ;  the  award  of  the  committee  rendered  in  con- 
formit}-  herewith,  and  as  prescribed  by  the  by-laws,  shall  be 
conclusive  on  all  parties  to  the  submission.  It  shall  in  all  cases 
be  in  writing,  signed  by  the  members  of  the  committee  who 
agreed  upon  it,  and  tiled  among  the  proceedings  of  the  commit- 
tee, but  copies  shall  be  given  by  the  secretary,  with  his  attesta- 
tion and  the  seal  of  the  corporation  attached,  to  the  respective 
parties,  as  soon  as  may  be  after  said  award  shall  have  been 
rendered. 

As  to  setting  aside  an  award  under  arbitration,  see,  Mitcliell  v.  Price, 
Daily  Kecord,  February  10,  1894.  In  relation  to  arbitration  and  award, 
see  also,  Koberts  v.  Consumers'  Can  Co.,  102  Md.  302. 

1870,  ch.  i;;(').     P.  L.  L.,   (1888)  Art.  4,  sec.  70. 

228.  If  the  parties  to  any  submission  shall  agree  to  do  so 
they  may  stipulate  as  part  of  said  submission,  in  writing,  that 
the  award  of  the  committee  rendered  in  conformity  herewith 
and  with  the  by-laws,  shall  stand  and  avail  as  against  them  to 
the  same  effect  as  a  judgment  or  decree  of  a  court  of  competent 
jurisdiction,  in  which  case  either  party  desiring  and  entitled  to 
the  enforcement  of  said  award,  may  file  a  copy  of  the  same  and 
of  the  submission,  attested  under  seal  by  the  secretary  of  the 


192 

corporation,  for  record  with  the  clerk  of  any  court  of  tliis  State 
having  jurisdiction  of  the  subject-matter,  and  the  person  against 
whom  said  enforcement  is  sought ;  and  thereupon  it  shall  be  the 
duty  of  said  court,  on  motion  or  application,  ex  parte,  at  any 
time  after  ten  days  from  the  filing  of  the  award,  to  enter  judg- 
ment or  decree  thereupon,  as  upon  a  final  award  made  by 
referees  under  rule  of  court ;  upon  which  judgment  or  decree, 
execution  shall  issue  without  stay.  No  matter  afi^ecting  the  title 
of  real  estate,  however,  shall  be  submitted  to  or  arbitrated  by 
the  said  committee  under  this  or  the  preceding  section,  but  the 
committee  may  direct  in  its  award  the  payment  of  the  costs  and 
expenses  of  the  arbitration,  and  the  amount  thereof  shall  be 
embraced  as  a  principal  sum  in  the  judgment  or  decree  to  be 
rendered;  if  awarded,  to  be  paid  by  the  party  against  whom, 
such  judgment  or  decree  is  sought.  No  judgment  or  decree 
rendered  on  any  such  award  shall  be  liable  to  be  stayed,  except 
upon  allegation,  under  oath  of  the  defendant,  of  manifest  fraud 
in  the  procurement  or  rendition  of  the  award,  or  of  a  material 
and  substantial  failure  of  the  committee  specifically  alleged  and 
set  fortli,  to  comply  with  the  by-laws  or  sections  226  or  227,  in 
the  hearing  and  determination  of  the  matters  submitted ;  nor 
shall  any  such  judgment  or  decree  be  quashed,  modified  or 
stricken  out,  except  upon  satisfactory  proof  of  the  matters  so 
required  to  be  so  alleged ;  neither  shall  there  be  any  appeal  in 
any  case  from  the  original  judgment,  order  or  decree,  whereby, 
after  a  hearing  of  the  allegations  and  proofs  as  aforesaid,  the 
said  original  judgment  or  decree  shall  be  maintained. 

ASSAULT  AND  BATTERY. 

p.  L.  L.,  (1860)  Art.  4,  sec.  155.    P.  L.  L.,  (1888)  Art.  4,  sec.  71. 

229.  Any  person  who  shall,  without  any  provocation,  assault 
and  beat  any  person  in  any  of  the  streets,  lanes,  alleys  or 
highways  of  the  City  of  Baltimore,  or  at  any  place  of  public 
resort  or  amusement,  between  the  hours  of  six  o'clock  in  the 
evening  and  six  o'clock  the  following  morning,  or  who  shall 
counsel,  aid  or  abet  in  such  assault  and  battery,  shall  be  fined  in 
a  sum  not  less  than  twenty-five  dollars  and  be  imprisoned  not 
less  than  one  month,  or  the  Judge  of  the  Criminal  Court  of 
Baltimore  City,  or  the  judge  having  jurisdiction  of  the  ofi^ense, 
may,  in  hiS  discretion,  sentence  the  person  convicted  of  such 
offense  to  confinement  in  the  penitentiary  for  a  period  not  less 
than  six  months  nor  more  than  two  years. 

P.  L.  L.,  (1860)  Art.  4,  sec.  156.    P.  L.  L.,  (1888)  Art.  4,  sec.  72. 

230.  It  shall  not  be  necessary  to  state  with  more  particu- 


193 

larity  than  is  now  necessary  in  proceedings  for  assaults  and 
batteries,  the  time  or  phice  of  such  assault  and  battery  in  the 
recognizance  or  commitment  on  which  the  said  person  is  tried, 
but  the  said  person  may  be  tried  on  a  recognizance  or  commit- 
ment for  a  common  assault  and  battery,  and  shall  be  sentenced 
by  the  court  according  to  the  facts  proved  at  the  trial. 

P.  L.  L.,   (1860)  Art.  4,  sec.  157.     P.  L.  L.,   (1S88)  Art.  4,  sec.  73. 

231.  In  case  the  said  person  is  tried  upon  a  presentment  or 
indictment,  it  shall  only  be  necessary  to  allege  in  the  present- 
ment or  indictment  that  the  offense  was  committed  between  the 
hours  aforesaid,  and  that  it  was  committed  on  a  highway  in 
the  City  of  Baltimore,  or  at  a  place  of  public  resort  or  amuse- 
ment, without  setting  forth  said  highway  or  place  of  public 
resort  or  amusement  by  name. 

AUCTIOISrS. 

'  232.     Repealed  by  Act  of  1900,  Chapter  208. 

233.  Repealed  by  Act  of  1900,  Chapter  208. 

234.  Repealed  by  Act  of  1900,  Chapter  208. 

P.  L.  L.,  (I860)  Art.  4,  sec.  88.    P.  L.  L.,  (1888)  Art.  4,  sec.  77. 

235.  The  duties  shall  be  calculated  on  the  sums  for  which 

the  property  or  goods  so  exposed  to  sale  shall  be  respectively 

struck  off,  and  shall  in  all  cases  be  paid  by  the  person  making 

the  sale. 

State  V.  Hoboken  Bank,  84  Md.  325. 

P.  L.  L.,   (1860)  Art.  4,  sec.  89.    P.  L.  L.,  (1888)  Art   4.  sec.  78. 

236.  E'o  duties  shall  be  chargeable  upon  any  goods,  wares, 
merchandise  or  other  property  sold  by  any  auctioneer  at  pri- 
vate sale  on  the  days  of  his  public  auction,  or  unless  the  same 
be  part  of  what  was  offered  for  sale  at  said  public  auction  or 
was  advertised  to  be  sold  thereat. 

P.  L.  L.,  (1860)  Art.  4,  sec.  90.    P.  L.  L.,  (18S8)  Art.  4,  sec.  79. 

237.  The  duty  imposed  on  all  sales  of  lands,  tenements  and 
hereditaments,  or  of  any  interest  therein,  at  public  auction  in 
the  City  of  Baltimore,  shall  be  a  lien  on  the  said  property 
when  sold  as  aforesaid. 

State  V.  Hoboken  Bank,  84  Md.  325. 
(8) 


194 

P.  L.  L.,  (1860)  Art.  4,  sec.  91.    P.  L.  L.,  (1888)  Art.  4,  sec.  80. 

238.  Every  purchaser  of  lands,  tenements  or  hereditaments, 
or  of  any  interest  therein,  purchased  at  public  auction  in  the 
City  of  Baltimore,  shall  be  bound  to  pay  the  auction  duty  on 
such  sale  and  be  entitled  to  claim  the  said  payment  as  a  credit 
on  his  purchase  as  aforesaid. 

State  V.  Hobokeu  Bank,  84  Md.  325. 

P.  L.  L.,  (18G0)  Art.  4,  sec.  92.    P.  L.  L.,  (1888)  Art.  4,  sec.  81. 

239.  All  goods  and  property,  of  what  kind  soever,  shall  in 
all  cases  be  struck  off  to  the  highest  bidder ;  and  where  the  auc- 
tioneer or  owner,  or  any  person  employed  by  them  or  either  of 
them,  shall  be  such  bidder,  the  goods  or  property  shall  be  subject 
to  the  same  duties  as  if  struck  off  to  any  other  person ;  but  this 
section  shall  not  be  construed  to  render  valid  any  sale  that  would 
otherwise  be  deemed  fraudulent   and  void. 

Warehime  v.  Graf,  83  Md.  98. 

P.  L.  L.,   (1860)  Art.  4,  sec.  93.     P.  L.  L.,   (1888)  Art.  4, 
sec.  82.     1894,  ch.  350. 

240.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  biennially  appoint  as  many  auctioneers  in  the 
City  of  Baltimore  as  he  may  think  proper,  not  to  exceed  thirty. 

P.  L.  L.,   (1860)   Art.  4,  sec.  94.     P.  L.  L.,   (1888)  Art.  4,  sec.  83. 

241.  Each  person  so  appointed,  the  amount  of  whose  sales 
of  goods,  wares,  merchandise  and  personal  property  of  every 
kind,  exclusive  of  his  real  estate  sales  and  sales  of  houses,  shall 
not  exceed  the  sum  of  one  hundred  and  fifty  thousand  dollars, 
shall,  before  entering  upon  the  duties  of  his  office,  enter  into  a 
recognizance  to  the  State,  with  two  sufiicient  securities,  in  the 
sum  of  five  thousand  dollars,  conditioned  for  the  payment  of 
the  duties  hereinbefore  mentioned  to  the  Treasurer  of  Marvland, 
and  that  he  shall  in  all  things  well,  truly  and  faithfully  behave 
and  conform  himself  according  to  the  true  intent  and  meaning 
of  this  law;  and  shall  also  pay  to  the  Treasurer  of  Maryland 
the  sum  of  four  hundred  and  fifty  dollars,  as  a  license. 

McMechin  v.  Mayor,  2  H.  &  J.  41.    McMechin  v.  Mayor,  3  H.  &  J.  534. 

P.  L.  L.,  (1860)  Art.  4,  sec.  95.    1872.  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  84. 

242.  Any  auctioneer  paying  the  license  fee,  and  executing 
the  bond  prescribed  in  the  preceding  section,  may  make  sales 
of  every  description  of  goods,  wares  and  merchandise  of  every 


195 

kind,  and  real  estate,  and  may  exercise  all  the  rights  and  privi- 
leges of  a  general  auctioneer  to  the  extent  and  amount  of  the 
sum  prescribed  in  said  section ;  and  he  shall  make,  under  oath, 
quarterly  returns  to  the  Comptroller  of  the  City  of  Baltimore, 
showing  the  full  amount  of  his  sales  of  every  kind,  distinguish- 
ing his  sales  of  goods,  wares  and  merchandise,  and  personal 
effects  of  every  kind,  from  his  sales  of  real  estate  and  houses ; 
and  if  any  auctioneer  under  said  license  shall  sell  any  amount 
exceeding  the  sum  named  in  the  last  preceding  section,  he  shall 
be  subject  to  all  the  penalties  hereinafter  imposed  upon  auc- 
tioneers who  shall  sell  without  license. 

This  section  has  been  modified  to  conform  to  the  changes  in  the  law 
made  necessary  by  the  repeal  of  section  233  of  this  Article,  by  Act 
1900,  ch.  208. 

P.  L.  L.,  (1860)  Art.  4,  sec.  96.    P.  L.  L.,  (1888)  Art.  4,  sec.  85. 

243.  Each  auctioneer  so  appointed  whose  sales  of  goods, 
wares  and  merchandise,  and  personal  effects  of  every  kind, 
exclusive  of  his  real  estate  sales  and  sales  of  houses,  shall  exceed 
the  sum  of  one  hundred  and  fifty  thousand  dollars,  shall,  before 
he  enters  upon  the  duties  of  his  office,  enter  into  a  recognizance 
to  the  State,  with  two  sufficient  securities  in  the  sum  of  ten 
thousand  dollars,  conditioned  as  hereinbefore  prescribed,  and 
shall  pay  to  the  State  Treasurer  the  sum  of  seven  hundred  and 
fifty  dollars  as  a  license  fee. 

P.  L.  L.,  (1860)  Art.  4,  sec.  97.    P.  L.  L.,  (1888)  Art.  4,  sec.  86. 

244.  If  any  person  so  appointed  shall  desire  to  pursue  the 
business  of  an  auctioneer  for  the  sole  purpose  of  selling  books, 
maps  or  prints,  by  day  or  by  night,  he  shall  be  entitled  to  do 
so  by  first  entering  into  a  recognizance  to  the  State,  with  two 
sufficient  securities  in  the  penalty  of  five  thousand  dollars,  con- 
ditioned as  hereinbefore  prescribed,  and  by  paying  to  the  State 
Treasurer  the  sum  of  one  hundred  and  fifty  dollars. 

P.  L.  L.,  (1860)  Art.  4,  sec.  98.    P.  T>.  L.,  (1888)  Art.  4,  sec.  87. 

245.  If  any  person  so  appointed  shall  desire  to  pursue  the 
business  of  an  auctioneer  for  the  sole  purpose  of  vending  horses 
and  carriages,  he  shall  be  entitled  to  do  so  by  first  entering  into 
a  recognizance  to  the  State,  with  two  sufficient  securities  in  the 
sum  of  one  thousand  dollars,  and  paying  to  the  State  Treasurer 
the  sum  of  fifty  dollars  as  a  license  fee. 

p.  L.  L.,   (I860)  Art.  4,  sec.  99.    P.  L.  L.,  (1888)  Art.  4,  sec.  88. 

246.  A  license  may,  on  the  request  and  with  the  consent  of 


196 

the  party,  be  issued  by  the  State  Treasurer,  nunc  jiro  tunc,  so 
as  to  avail  him  for  a  year  from  the  day  on  which  his  license 
expired,  or  in  such  manner  as  to  avail  him  for  any  part  of  the 
interval  the  applicant  may  desire ;  but  no  license  issued  under 
this  section  shall  acquit  the  party  obtaining  it  of  any  penalty 
hereby  imposed  for  selling  without  license,  if  prosecution  there- 
for shall  have  been  commenced  before  such  license  was  obtained. 

P.  L.  L.,  (1860)  Art.  4,  sec.  100.    P.  L.  L.,  (1888)  Art.  4,  sec.  89. 

247.  In  case  of  the  death  of  any  auctioneer  before  the  time 
limited  in  his  license  has  expired,  his  co-partner  or  co-partners, 
if  he  has  any,  or  his  personal  representative,  may  continue  to 
act  under  the  license  for  the  unexpired  term. 

P.  L.  L.,  (1860)  Art.  4,  sec.  101.    P.  L.  L.,  (1888)  Art.  4,  sec.  90. 

248.  All  recognizances  directed  to  be  taken  by  this  sub- 
division of  this  Article  shall  be  taken  by  the  Clerk  of  the 
Court  of  Common  Pleas,  and  duplicates  shall  be  made  of  the 
record  of  every  such  recognizance  by  said  clerk,  one  whereof 
shall  be  delivered  or  be  caused  to  be  delivered  by  such  auc- 
tioneer to  the  State  Treasurer,  within  ten  days  after  the  date 
of  such  record,  and  the  other  shall  be  retained  by  said  clerk, 
who  shall  be  entitled  to  demand  for  the  same  from  the  auc- 
tioneer the  sum  of  one  dollar. 

P.  L.  L.,  (I860)  Art.  4,  sec.  102.    P.  L.  L.,  (1888)  Art.  4,  sec.  91. 

249.  The  State  Treasurer,  on  his  being  satisfied  that  the 
recognizance  herein  required  has  been  entered  into  by  any  of 
the  persons  appointed  auctioneers  by  the  Governor,  and  upon 
his  receiving  the  license  fee  required  from  such  person,  shall 
issue  a  general  or  special  license  to  such  person  as  the  person 
may  be  entitled  to,  for  the  term  of  one  year  from  the  date  of 
such  license. 

P.  L.  L.,    (I860)   Art.  4,  sec.  103.     1872,  ch.  249.     P.  L.  L., 
(1888)   Art.  4,  sec.  92. 

250.  If  any  person  not  appointed  and  authorized  in  the 
manner  herein  directed,  nor  by  nor  under  some  official  authority 
under  the  laws  of  the  United  States,  shall  sell  or  attempt  to 
sell  any  goods,  wares,  merchandise  or  efl^ects  of  any  kind,  real 
estate  or  vessels,  in  the  City  of  Baltimore,  by  public  auction, 
he  shall  be  considered  guilty  of  a  misdemeanor,  and  shall  be 
subject  to  presentment  and  indictment  in  the  Criminal  Court 
of  Baltimore,  and  shall  on  conviction,  be  fined  in  a  sum  not 


197 

exceeding  five  hundred  dollars  nor  less  than  one  hundred 
dollars,  or  be  imprisoned  for  a  term  not  exceeding  three  months, 
or  both,  at  the  discretion  of  the  court. 

P.  L.  L.,   (1860)   Art.  4,  sec.  104.     1872,  ch.  249.     P.  L.  L., 
(1888)   Art.  4.  sec.  93. 

251.  If  any  auctioneer  shall  sell  any  goods,  wares,  mer- 
chandise or  effects  or  vessels,  by  way  of  public  auction,  with- 
out having  entered  into  the  recognizance  and  paid  the  license 
fee  hereinbefore  required,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  subject  to  presentment  and  indictment  in 
the  Criminal  Court  of  Baltimore,  and  on  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars  nor 
less  than  fifty  dollars  for  each  and  every  article  so  exposed  for 
sale. 

P.  L.  L.,  (1860)  Art.  4,  sec.  105.    P.  L.  L.,  (1888)  Art.  4,  sec.  94. 

252.  If  any  auctioneer  shall  sell  any  goods  or  property  other 
than  such  as  he  is  authorized  to  sell  by  the  terms  of  his  license, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  sub- 
ject to  presentment  and  indictment  in  the  Criminal  Court  of 
Baltimore,  and  on  conviction  thereof  shall  be  fined  in  a  sum 
not  exceeding  one  hundred  dollars,  nor  less  than  fifty  dollars 
for  each  and  every  article  so  sold. 

P.  L.  L.,  (1860)  Art.  4,  sec.  106.    P.  L.  L.,  (1888)  Art.  4,  see.  95. 

253.  If  any  person  commissioned  as  auctioneer  shall  neg- 
lect to  take  out  a  license  within  twenty  days  after  his  commis- 
sion shall  have  been  forwarded  to  him  by  the  Governor,  such 
commission  shall  be  deemed  null  and  void,  and  the  Governor 
shall  appoint  some  other  person  to  supply  the  vacancy  in  the 
number  of  auctioneers  caused  by  such  neglect. 

P.  L.  L.,  (1860)  Art.  4,  sec.  107.    P.  L.  L.,  (ISSS)  Art.  4,  sec.  96. 

254.  The  recognizance  herein  required  shall  be  annually 
renewed. 

P.  L.  L.,  (1860)  Art.  4,  sec.  108.    P.  L.  L.,  (1888)  Art  4,  sec.  97. 

255.  If  any  surety  of  any  auctioneer  shall  remove  from  this 
State  or  become  insolvent  the  State  Treasurer  shall  demand 
other  surety  in  his  place;  and  if  the  auctioneer  shall  neglect 
or  refuse  to  give  other  security  within  three  days  after  such 
demand  is  made  his  license  shall  thenceforth  be  null  and  void  to 
all  intents  and  purposes  as  if  the  same  had  never  been  granted, 


198 

and  the  State  Treasurer  shall  immediately  give  public  notice 
thereof  in  two  or  more  public  newspapers  published  in  said 
citv. 

P.  L.  L.,  (1860)  Art.  4,  sec.  109.    P.  L.  L.,  (1888)  Art.  4,  sec.  98. 

256.  If  any  auctioneer  appointed  under  this  sub-division  of 
this  Article  sliall  accept  at  any  time  during  the  continuance  of 
his  appointment,  an  appointment  as  auctioneer  from  any  other 
State  he  shall  be  deemed  to  have  forfeited  his  appointment 
under  this  sub-division  of  this  Article. 

P.  L.  L.,  (1860)  Art.  4,  sec.  110.    P.  L.  L.,  (1888)  Art.  4,  sec.  99. 

257.  Every  auctioneer  in  said  city  shall  designate  in  writing 
his  partner  or  partners,  if  any  are  engaged  with  him  in  his  said 
business,  and  the  houses  or  stores  occupied  by  him  for  the  trans- 
action of  auction  business,  and  shall  deposit  such  writing  with 
the  State  Treasurer;  and  if  any  auctioneer  in  said  city  shall 
enter  upon  the  duties  of  his  office  before  so  doing  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  in  a  sum  not  exceeding  five  hundred  dollars ;  and  it  shall 
be  the  duty  of  the  court  before  whom  such  conviction  is  had, 
to  transmit  forthwith  a  particular  report  thereof  to  the  Gover- 
nor, who  may  in  his  discretion,  inhibit,  during  his  pleasure,  the 
person  convicted  from  acting  as  auctioneer. 

P.  L.  L.,  (1860)  Art.  4,  sec.  111.    P.  L.  L.,  (1888)  Art.  4,  sec.  100. 

258.  The  Mayor  of  the  city  may  designate  the  place  or 
places  for  the  sale  of  horses  and  carriages  and  make  such  regu- 
lations in  respect  to  the  time  and  manner  of  selling  horses  and 
carriages  at  auction,  and  the  riding  and  driving  of  such  horses 
and  carriages,  as  he  shall  deem  best  calculated  to  promote  public 
convenience  and  protect  the  persons  of  individuals  from  danger. 

P.  L.  L.,  (I860)  Art.  4,  sec.  112.    P.  L.  L.,   (1888)  Art.  4,  sec.  101. 

259.  Every  auctioneer  appointed  and  licensed  for  the  sale 
of  horses  shall  keep  a  registry  of  all  horses  sold  by  him,  speci- 
fying a  description  of  the  horse  sold,  the  sum  for  which  he  sold, 
and  the  name  and  residence  of  the  seller  and  buyer,  and  shall 
deposit  such  registry,  with  an  oath  of  the  truth  thereof,  at  the 
end  of  each  year  with  the  Clerk  of  the  Court  of  Common  Pleas. 

P.  L.  L.,  (1800)  Art.  4,  sec.  113.    P.  L.  L.,  (1888)  Art.  4,  sec.  102. 

260.  1^0  auctioneer  specially  licensed  for  selling  books,  maps 
or  prints  shall  be  entitled  to  demand  or  receive,  without  a  pre- 


199 

vious  agreement  to  the  contrary,  from  any  person,  directly  or 
indirectly,  a  commission  exceeding  seven  dollars  and  fifty  cents 
for  every  hundred  dollars  of  the  purchase  money  arising  from 
such  sales,  exclusive  of  all  duties. 

P.  L.  L.,  (1860)  Art.  4,  sec.  114.    P.  L.  L.,  (1888)  Art.  4,  sec.  103. 

261.  ]^o  auctioneer  licensed  to  sell  to  the  amount  of  one 
hundred  and  fifty  thousand  dollars,  without  a  previous  agree- 
ment to  the  contrary,  shall  be  entitled  to  demand  or  receive  for 
his  services,  directly  or  indirectly,  a  commission  exceeding  four 
dollars  clear  of  all  duties,  for  every  hundred  dollars  of  the  pur- 
chase money  arising  from  such  sales. 

See  decisions  of  Brown,  C.  J.,  in  the  City  Court,  March,  1874,  in  cases, 
Henry  Linker  v.  Woodville  and  Norman,  and  Grotjan  and  Mitchell  v. 
Emerick. 

P.  L.  L.,  (1860)  Art.  4,  sec.  115.    P.  L.  L.,  (1888)  Art.  4,  sec.  104. 

262.  No  auctioneer,  licensed  generally  for  the  sale  of  goods, 
wares  and  merchandise,  exceeding  one  hundred  and  fifty  thous- 
and dollars,  without  a  previous  agreement  to  the  contrary,  shall 
be  entitled  to  demand  or  receive  for  his  services,  directly  or 
indirectly,  a  commission  exceeding  two  dollars,  clear  of  all 
duties,  for  every  hundred  dollars  of  the  purchase  money  arising 
from  such  sales,  except  upon  sales  of  furniture  and  wearing 
apparel,  upon  which  they  shall  be  entitled  to  receive  four 
dollars,  clear  of  duties,  for  every  hundred  dollars  arising  from 
such  sales;  and  except  also  upon  the  sales  of  books,  stationery, 
maps  and  prints,  upon  which  they  shall  be  entitled  to  receive 
seven  dollars  and  fifty  cents,  clear  of  duties,  for  every  hundred 
dollars  arising  from  such  sales ;  and  upon  these  articles  the  auc- 
tioneer mentioned  in  the  preceding  section  may  charge  a  similar 
amount. 

P.  L.  L.,   (1860)  Art.  4,  sec.  116.     P.  L.  L.,  (1888)  Art.  4,  sec.  105. 

263.  Any  auctioneer  who  shall  receive  or  accept  any  greater 
or  higher  reward  for  his  services  than  is  authorized  by  this 
sub-division  of  this  Article,  shall  forfeit  the  sum  of  five  hun- 
dred dollars  for  every  offense,  to  be  recovered  in  the  name  of 
the  State  by  suit,  or  by  indictment  in  the  Criminal  Court,  one- 
half  to  the  use  of  the  State  and  the  other  half  to  the  use  of  the 
party  prosecuting  for  the  same. 

P.  L.  L.,  (ISGO)  Art.  4,  sec.  117.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  106. 

264.  No  auctioneer  shall  authorize  or  permit  any  person 


200 

whatever  to  sell  any  property  of  any  description  whatever,  nnder 
and  by  virtue  of  his  license,  unless  the  person  so  authorized 
or  permitted  is  actually  and  ho7ia  fide  in  the  employment  of  such 
auctioneer,  and  is  actually  and  bona  fide  a  resident  of  Baltimore 
City  at  the  time  of  such  employment,  and  the  commissions  on 
such  sales  are  actually  and  bona  fide  for  the  benefit  of  such 
auctioneer;  and  no  license  shall  be  construed  to  authorize  the 
holder  to  sell  at  more  than  one  regular  establishment,  but  an 
auctioneer  may  sell  public  stocks,  houses,  lots  and  furniture,  or 
ships  or  vessels,  on  the  premises  where  the  same  may  be,  or  at 
the  exchange,  or  goods  in  the  original  form  and  packages  as 
imported,  and  bulky  articles,  such  as  have  been  usually  sold 
in  warehouses  or  in  the  public  streets  or  on  the  wharves,  at  such 
other  places  within  the  city  as  shall  be  desired  by  the  owner  or 
importer  of  such  bulky  articles  or  imported  goods. 

P.  L.  L.,  (1860)  Art.  4,  sec.  118.    1872.  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  107. 

265.  If  any  auctioneer  shall  violate  any  of  the  provisions 
of  the  last  preceding  section  he  shall  be  deemed  guilty  of  a  mis- 
demeanor for  every  such  violation,  and  shall  be  subject  to  pre- 
sentment and  indictment  in  the  Criminal  Court  of  Baltimore 
and  on  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding 
two  hundred  dollars,  nor  less  than  one  hundred  dollars. 

P.  L.  L..  (1860)  Art.  4,  sec.  119.     P.  L.  L.,  (1888)  Art.  4,  sec.  108. 

266.  Every  auctioneer  within  thirty  days  after  the  first 
days  of  January,  April,  July  and  October  of  the  year  for  which 
he  shall  have  been  appointed,  and  in  each  and  every  year  that 
he  shall  hold  and  continue  in  the  office  and  duty  of  such  auc- 
tioneer, shall  render  to  the  Comptroller  of  the  City  of  Balti- 
more a  true  and  particular  account  in  writing  of  the  money 
or  sums  of  money  for  which  any  goods,  wares  or  merchandise,  or 
other  property  of  every  kind,  shall  have  been  sold  at  every  sale 
since  entering  on  the  duties  of  his  office,  or  since  the  last  account 
was  rendered,  of  the  amount  of  each  day's  sales  and  the  days 
when  sold,  distinguishing  the  sales  made  by  him  personally 
or  in  his  presence,  and  those  made  by  his  partner  or  partners 
or  clerk,  in  consequence  of  his  absence ;  setting  forth,  also,  the 
amount  of  all  goods,  wares,  merchandise  and  other  property 
sent  or  entrusted  to  him,  his  partner  or  partners  for  sale,  and 
by  him  or  them  sold  at  auction,  and  the  days  on  which  the 
same  were  sold,  and  particularizing  the  amount  of  the  several 
duties  chargeable  on  said  sales,  duplicate  copies  of  which  said 
accounts,  properly  sworn  to  as  required  in  section  267,  shall  be 


201 

transmitted  to  the  Comptroller  of  the  State,  by  every  such 
auctioneer,  within  the  said  thirty  days  after  the  said  first  days 
of  January,  April,  July  and  October  of  the  year  or  years  as 
aforesaid;  and  every  auctioneer  shall,  within  thirty  days  after 
rendering  such  account,  pay  over  to  the  said  Comptroller  of 
Baltimore  City,  for  the  use  of  the  State,  subject  to  provisions 
hereinafter  contained,  all  such  sum  or  sums  of  money  as  appear 
to  be  due  from  him  to  tlie  State  for  duties,  according  to  law. 

r.  L.  L.,  (1860)  Art,  4,  sec.  120.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec  109. 

267.     The  auctioneer  making  such  returns,  at  the  time  of 
making  the  same  shall  take  before  some  Justice  of  the  Peace, 

or  Judge  of  a  court  of  record  the  following  oath  ;  "I , 

do  solemnly  and  sincerely  swear  that  the  account  now  exhibited 
by  me,  and  to  which  I  have  subscribed  my  name,  contains  a 
just  and  true  account  of  all  the  goods,  wares  and  merchandise, 
and  property  of  every  kind,  sold  or  struck  off  by  me  at  public 
sale,  or  sold  at  private  sale,  on  the  days  of  my  public  auctions, 
or  sold  or  struck  off  as  aforesaid  by  my  co-partner  or  co-partners 
(if  any  there  be),  or  by  others  in  my  name,  or  under  my  direc- 
tion, and  in  my  actual  and  bona  fide  employment  (as  the  case 
may  be),  and  the  days  upon  which  the  same  were  respectively 
sold ;  that  I  have  examined  the  entries  of  all  sales  mentioned  in 
said  account  in  the  books  kept  by  me  for  that  purpose,  and  I 
fully  believe  this  account  to  be  correct ;  and,  further,  that  I 
have,  during  the  time  mentioned,  conformed  in  all  things  to  the 
provisions  of  the  law  relating  to  auctions  in  Baltimore  City,  ac- 
cording to  the  best  of  my  knowledge  and  belief,  so  help  me  God." 
And  he  shall  cause  a  certificate  of  the  fact  that  he  has  taken  such 
oath,  duly  signed  by  said  Justice  or  said  Judge,  and  a  certificate 
of  the  Clerk  of  the  Superior  Court  of  Baltimore  City,  of  the 
official  character  of  said  Justice  when  signed  by  him,  to  be  an- 
nexed to  said  return ;  and  no  account  or  return  of  sales,  as  pro- 
vided to  be  made  and  rendered  in  the  preceding  section  shall 
be  deemed  or  held  to  be  ''a  true  and  particular  account,"  within 
the  meaning  of  said  preceding  section,  unless  the  oath  herein 
provided  is  made  and  annexed  to  such  account  or  return  of 
sales;  and  the  auctioneer  refusing  or  neglecting  to  make  and  to 
annex  such  oath  shall  be  liable  to  be  proceeded  against  as  if  he 
had  not  made  and  rendered  any  account  or  return  of  sales  as 
required  by  law. 


202 

p.  L.  L.,  (1860)  Art.  4,  sec.  121.    1S72,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  110. 

268.  If  any  auctioneer  shall  refuse  or  neglect  to  transmit 
to  the  State  Treasurer  a  duplicate  of  the  record  of  his  recog- 
nizance as  before  required,  or  shall  neglect  or  refuse  to  render 
an  account  of  sales  to  the  Comptroller  of  the  City  of  Balti- 
more quarter-yearly,  or  shall  refuse  or  neglect  to  transmit  a 
duplicate  copy  of  such  account  to  the  Comptroller  of  the  State 
within  the  time  or  times  limited  for  rendering  such  account 
or  transmitting  such  duplicates  as  provided  in  section  266,  or 
shall  refuse  or  neglect  to  pay  over  to  the  Comptroller  of  the 
city  the  money  or  moneys  due  from  him  to  the  State  for  duties, 
according  to  law,  within  thirty  days  after  rendering  such  ac- 
count, he  shall,  in  and  for  each  and  every  such  case  of  refusal 
or  neglect,  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
subject  to  presentment  and  indictment  in  the  Criminal  Court 
of  Baltimore,  and  on  conviction  thereof  shall  be  fined  in  a 
sum  not  exceeding  seven  hundred  dollars,  nor  less  than  one 
hundred  dollars,  and  on  conviction  shall  further  be  deemed  to 
have  forfeited  his  appointment  as  auctioneer,  and  shall  be  dis- 
qualified from  acting  as  auctioneer  under  the  same;  provided, 
it  shall  be  competent  for  such  auctioneer  at  the  trial  of  such  suit 
to  give  in  evidence  every  matter  or  thing  going  to  show  a  satis- 
factory excuse  on  his  part  for  such  neglect  or  refusal;  and  if 
the  jury  before  which  such  suit  shall  be  tried  shall  think  such 
excuse  satisfactory,  they  shall  return  a  verdict  for  the  defen- 
dant; the  defendant,  however,  in  such  case  to  pay  the  costs  of 
the  prosecution  and  provided  further,  that  no  suit  or  indict- 
ment, or  conviction,  under  this  section,  for  the  penalties  herein 
contained,  shall  be  held  to  bar  or  prevent  the  State  from  bring- 
ing such  civil  action  or  actions  in  any  of  the  courts  of  this  State 
against  any  auctioneer,  or  on  his  bond,  for  the  recovery  of 
money  that  may  be  due  the  State,  or  for  the  non-performance 
or  mis-performance  of  any  duty  imposed  upon  him  by  this  sub- 
division of  this  Article,  and  for  which  a  civil  action  would  lie 
against  him  or  on  his  bond. 

P.  L.  L.,  (1860)  Art.  4,  sec.  122.    P.  L.  L.,  (1888)  Art.  4,  sec.  111. 

269.  Every  auctioneer  who,  within  the  period  limited  for 
liis  accounting  shall  have  made  no  sales  of  goods  or  property 
of  any  kind  liable  to  auction  duties,  shall  make  and  subscribe 
an  afiidavit  of  those  facts  before  the  Judge  of  the  Court  of 
Common  Pleas,  and  shall  transmit  a  copy  of  the  said  affidavit, 
certified  by  said   Judge,   to  the   State   Treasurer,   within  the 


203 

same  time  that  an  accoimt  is  required  to  be  rendered,  under  the 
penalty  prescribed  in  the  last  preceding  section. 

P.  L.  L.,  (1S60)  Art.  4,  sec.  123.    P.  L.  L.,  (1888)  Art.  4,  sec.  112. 

270.  It  shall  not  be  lawful  for  the  Governor  to  nominate  to 
the  Senate  as  auctioneer  any  person  who  shall  not  have  settled 
in  full  at  the  Treasury  office  for  all  amounts  due  from  him 
on  account  of  auction  duties. 

P.  L.  L.,  (1860)  Art.  4,  sec.  124.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  113. 

271.  If  any  auctioneer  shall  be  guilty  of  any  fraud  or  deceit 
in  the  discharge  of  the  duties  of  his  office,  or  shall  elude  or  de- 
feat any  provisions  of  this  sub-division  of  this  Article,  for  a 
violation  of  which  no  penalties  are  therein  specially  prescribed, 
he  shall  be  guilty  of  a  misdemeanor  and  subject  to  presentment 
and  indictment  in  the  Criminal  Court  of  Baltimore,  and  on 
conviction  thereof  shall  be  fined  in  a  sum  not  exceeding  one 
thousand  dollars,  nor  less  than  one  hundred  dollars  for  every 
such  offence ;  and  if  any  auctioneer  shall  pay  or  cause  to  be  paid 
directly  or  indirectly,  to  any  trustee,  attorney,  executor  or  ad- 
ministrator, selling  real  estate  or  property  of  any  kind  under  any 
order  of  any  court,  or  under  any  power  of  attorney,  any  portion 
of  the  fee  or  commission  received  or  receivable  by  him,  and 
charged  by  him  in  his  account  for  making  any  sale  of  such  real 
estate  or  property  for  such  trustee,  attorney,  executor  or  ad- 
ministrator, he  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  in  the  Criminal  Court  of  Baltimore  shall 
be  fined  in  a  sum  not  exceeding  two  hundred  dollars,  nor  less 
than  fifty  dollars,  for  every  such  offence,  and  such  trustee, 
attorney,  executor  or  administrator  receiving  or  retaining  such 
portion  of  such  fee  or  commissions,  and  not  accounting  for  it 
to  the  proper  parties,  shall  be  liable  in  a  suit  on  his  bond  for 
double  the  amount  so  received  or  retained  by  him,  to  the  cestui 
que  trust,  the  principal,  or  to  any  person  interested  in  the  estate 
which  he  represents. 

P.  L.  L.,  (1860)  Art.  4,  sec.  125.    P.  L.  L.,  (1888)  Art.  4,  sec.  114. 

272.  If  any  person  shall,  within  seven  days  after  any  such 
oiVence  shall  be  committed,  prosecute  for  the  penalties  imposed 
by  this  sub-division  of  this  Article,  the  State  Treasurer,  upon 
information  thereof  having  come  to  his  knowledge,  shall  direct 
the  State's  Attorney  for  the  City  of  Baltimore  to  prosecute  for 
the  same;  and  the  penalties  when  recovered  shall  be  paid  into 

•the  treasury  for  the  use  of  the  State. 


204 

p.  L.  L.,  (ISCO)  Art.  4,  sec.  12G.     P.  L.  L.,  (1888)  Art.  4,  sec.  115. 

273.  If  any  person  shall  wilfully  swear  falsely  touching 
any  matter  hereinbefore  required  in  this  sub-division  of  this 
Article  to  be  verified  by  oath,  he  shall  suffer  the  pains  and 
penalties  which  by  law  are  prescribed  for  wilful  and  corrupt 
perjury;  and  if  an  auctioneer,  shall  also  forfeit  his  office. 

P.  L.  L.,  (1860)  Art.  4,  sec.  127.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  116. 

274.  The  proceeds  of  such  auction  duties  to  the  amount  of 
twenty  thousand  dollars  shall  be  paid  over  by  the  Comptroller 
of  the  city,  as  the  same  shall  be  received  by  him,  to  the  Mayor 
and  City  Council  of  Baltimore,  to  be  by  said  Mayor  and  City 
Council  of  Baltimore  annually  appropriated  to  the  purpose  of 
deepening  and  improving  a  channel  in  the  Chesapeake  Bay 
and  Patapsco  River  and  the  harbor  of  the  City  of  Baltimore. 

P.  L.  L.,  (1860)  Art.  4,  sec.  128.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  117. 

275.  It  shall  be  the  duty  of  the  Mayor  and  City  Council 
of  Baltimore,  on  or  before  the  fifteenth  day  of  September  in 
each  year,  to  report  to  the  Comptroller  of  the  State  a  fair  and 
strict  account  of  their  disbursement  of  the  fund  arising  from 
said  auction  duties,  as  to  the  amount  the  same  are  appropriated 
in  the  preceding  section,  in  relation  to  the  deepening  and  im- 
proving said  channel,  Patapsco  River  and  Baltimore  City  har- 
bor; and  the  said  Comptroller  shall  report  the  same  to  the 
General  Assembly. 

P.  L.  L.,  (1860)  Art.  4,  sec.  129.    1872,  ch.  249.    P.  L.  L.,  (1888) 

Art.  4,  sec.  118. 

276.  If  the  net  proceeds  of  said  auction  duties  shall  exceed 
the  sum  of  twenty  thousand  dollars,  the  excess  of  said  duties 
above  that  sum  shall,  for  each  and  every  year  that  they  shall 
exceed  that  sum,  be  paid  over  by  the  Comptroller  of  the  City 
of  Baltimore  to  the  Treasurer  of  the  State ;  and  in  case  of  such 
excess  as  aforesaid,  the  Comptroller  of  the  city  shall  also 
render  to  the  Comptroller  of  the  State  a  brief  statement  or 
account,  showing  the  amounts  received  by  him  on  account  of 
auction  duties,  the  amount  paid  the  Mayor  and  City  Council  of 
Baltimore,  under  Section  274,  and  the  balance  due  the  State 
and  payable  to  the  State  Treasurer — which  said  balance,  if  any, 
and  whenever  the  same  shall  arise  from  said  auction  duties, 
shall  be  paid  to  said  Treasurer  on  or  before  the  twenty-fifth 
day  of  September  in  each  and  every  year. 


205 

p.  L.  L.,  (1860)  Art.  4,  sec.  130.    P.  L.  L.,  (ISSS)  Art.  4,  see.  119. 

227.  The  provisions  of  the  three  preceding  sections  shall 
not  have  any  effect  if  the  City  of  Baltimore,  by  ordinance  or 
otherwise,  shall  make  any  charge  on  articles  passing  over  or 
deposited  on  the  wharves  of  said  city  for  a  less  time  than  one 
day,  for  the  purpose  of  delivery  only,  from  or  on  board  of  any 
vessel  trading  within  the  limits  of  this  State,  other  than  the 
regular  wharfage  chargeable  on  such  vessel. 

P.  L.  L.,  (1860)  Art.  4,  sec.  131.    P.  L.  L.,  (1888)  Art.  4,  sec.  120. 

278.  J^othing  contained  in  this  sub-division  of  this  Article 
shall  prohibit  the  sale  of  leather,  iron  or  tobacco,  by  the  person 
who  manufactured  the  same,  without  the  license  herein  re- 
quired. 

BAIL. 

1898,  ch.  138,  sec.  207A. 

278a.     The  Clerk  of  the  Criminal  Court  of  Baltimore  shall 

have  power  at  any  time  to  take  bail  when  authorized  by  the 

court,  whether  the  court  is  in  session  or  not,  and  although  the 

defendant  is  not  present  or  does  not  join  in  the  recognizance, 

but  in  all  cases,  before  bail  is  taken  by  the  Clerk,  the  court  shall 

fix  the  amount  thereof. 

lu  relatkiu  to  bail,  see,  Smith  v.  Fowler  &  Thomas,  Daily  Record, 
March  11,  1903. 

1898,  ch.  138,  sec.  207B. 

278b.  Whenever  any  person  charged  with  a  criminal  offence 
desires  to  be  admitted  to  bail,  his  recognizor,  except  as  provided 
for  in  the  next  succeeding  section,  shall  sign  and  make  oath  to 
an  application  in  which  shall  be  stated  the  location  of  his  prop- 
erty, his  interest  therein,  its  value,  ground  rent,  mortgages, 
and  other  recognizances  and  incumbrances,  if  any,  to  which 
it  may  be  subject,  and  such  other  matters  as  may  be  inquired 
of,  and  required  to  be  inserted  in  the  application  by  the  clerk 
to  whom  such  application  is  made,  to  enable  such  clerk  to 
determine  the  value  of  the  security  offered. 

1898,  ch.  138,  sec.  207C. 

278c.  The  Clerk  of  the  Criminal  Court  of  Baltimore  may, 
when  so  ordered  by  the  court,  admit  any  person  to  bail  on  his 
own  recognizance,  or  may  accept  a  recognizor  without  stated 
property  qualifications. 


206 

1898,  ch.  138,  sec.  207D. 

278d.     It  shall  be  sufficient  for  recognizances  taken  in  the 

Criminal  Court  of  Baltimore,  when  signed  by  the  judge  or  the 

clerk  thereof,  to  conform  to  the  following  formula :  "You  and 

each  of  you  acknowledge  yourselves  to  owe  and  stand  indebted 

to  the  State  of  Maryland  in  the  sum  of dollars  for 

the  appearance  of at  this  court  on  the .  .^ day  of 

18.  .  .,  to  answer  the  charge  alleged  against  him,  and 

to  attend  this  court  thenceforth  from  day  to  day  until  dis- 
charged therefrom  in  due  course  of  law." 

1898,  ch.  138,  sec.  207E. 
278e.  Every  recognizance  taken  in  any  criminal  proceeding 
in  Baltimore  City  shall  be  a  iien  upon  the  property  of  the 
recognizor  mentioned  in  his  application  from  the  date  of  the 
acknowledgment  of  such  recognizance,  unless  such  recognizance 
shall  have  been  acknowledged  before  a  police  justice  or  before 
a  court  upon  writ  of  habeas  corpus^  in  which  it  shall  be  a  lien 
from  the  time  it  is  filed  with  the  clerk  of  the  Criminal  Court 
of  Baltimore.  When  any  recognizance  is  forfeited  it  shall 
become  a  judgment,  and  shall  have  all  the  effects  of  judgments 
rendered  in  civil  causes,  and  may  be  enforced  by  execution  by 
order  of  the  State's  Attorney  at  any  time  within  six  years 
from  the  date  of  the  forfeiture,  and  not  afterwards. 

1898,  ch.  138,  sec.  207F. 

278f .  It  shall  be  the  duty  of  the  clerk  of  the  Criminal  Court 
of  Baltimore  immediately  to  record,  in  a  properly  indexed 
book  to  be  provided  for  that  purpose,  the  names  of  the  persons 
who  have  entered  into  recognizances,  the  date  of  the  filing 
of  the  recognizance  with  the  clerk  of  the  Criminal  Court,  if  such 
recognizance  has  been  acknowledged  before  a  police  justice,  or 
before  some  other  court  upon  writ  of  habeas  corpus,  the  amount 
thereof,  and  the  date  of  the  acknowledgment  of  the  same ;  the 
location  of  the  property  mentioned  in  the  application,  and  when 
any  recognizance  shall  be  forfeited;  and  when  any  forfeiture 
shall  be  stricken  out  or  discharged,  it  shall  be  the  duty  of  the 
said  clerk  to  make  an  appropriate  entry  in  said  book,  showing 
such  disposition  of  the  recognizance  or  the  forfeiture,  together 
with  the  date  thereof. 

1898,  ch.  138,  sec.  207G. 

278g.  Any  officer  having  power  to  admit  to  bail  may  accept 
as  recognizor  any  bonding,  guarantee  or  trust  company  incor- 


207 

porated  under  the  laws  of  the  State  of  Maryland,  or  under  the 
laws  of  any  State  in  the  United  States,  and  doing  business 
in  the  Citv  of  Baltimore,  which  is  authorized  bv  its  charter  to 
become  surety  on  official  bonds. 

1898,  ch.  138,  see.  207H. 

278h.  ^0  police  justice  of  the  City  of  Baltimore  shall  ac- 
cept bail  for  persons  charged  wnth  manslaughter,  murder  or  any 
offense  the  punishment  for  which  may  be  death;  any  such 
justice  may,  in  his  discretion,  accept  the  bail  for  any  person 
charged  with  the  commission  of  any  felony  other  than  those 
above  mentioned,  and  any  misdemeanor  the  punishment  for 
which  may  be  confinement  in  the  penitentiary;  and  whenever 
bail  is  offered  for  any  person  charged  with  the  commission  of 
any  misdemeanor  other  than  those  already  set  forth,  such  jus- 
tice shall  accept  the  same;  provided  he  is  satisfied  with  the 
security  offered. 

1898,  ch.  138,  sec.  2071. 
278i.  Whenever  a  person  charged  with  a  bailable,  criminal 
offense  before  a  police  justice  desires  to  be  admitted  to  bail,  his 
recognizor  shall  sign  and  make  oath  to  an  application  in  which 
shall  be  stated  such  matters  as  may  be  required  of,  and  required 
to  be  inserted  in  such  application  by  the  police  justice  to  enable 
him  to  determine  the  value  of  the  security  offered.  Any 
recognizance  acknowledged  before  such  justice  shall  be  good, 
although  the  defendant  does  not  join  in  the  same. 

1898,  ch.  138,  sec.  207J. 

278 j.  Whenever  any  person  charged  wdth  the  commission  of 
a  criminal  offense  is  admitted  to  bail  by  a  police  justice  for 
appearance  in  the  Criminal  Court  of  Baltimore,  such  justice 
shall  forthwith  deliver  the  recognizance  to  the  clerk  of  said 
court,  such  recognizance  shall  then  become  a  record  of  said 
court,  and  may  be  forfeited,  and  the  forfeiture  may  be  enforced 
in  the  same  manner  as  if  the  recognizance  has  been  taken  by  the 
court. 

1898,  ch.  138,  sec.  207K. 

278k.  Whenever  any  person  charged  with  a  criminal  offense 
before  a  police  justice  is  admitted  to  bail  for  further  hearing, 
if  such  person  does  not  appear  at  such  hearing  according  to 
the  tenor  of  his  recognizance,  it  may  be  forfeited.  If  forfeited, 
the  justice  shall  note  the  forfeiture  on  the  recognizance,  and 


208 

deliver  it  to  the  clerk  of  the  Criminal  Court  of  Baltimore,  the 
said  forfeited  recognizance  shall  then  become  a  record  of  said 
court,  and  shall  have  the  same  effect  and  may  be  enforced  in 
the  same  manner  as  if  it  had  been  taken  and  forfeited  by  the 
court. 

BILLS  OF  EXCHANGE  AND  PKOMISSORY  NOTES. 

When  protest  by  notary,  unnecessary  to  hold  endorser,  see,  Kirk  v. 
Belts,  Daily  Record,  March  26,  1891. 

279.     Repugnant  to  provisions  of  Act  1898,  Chapter  198. 
See  proviso,  section  3,  Act  1898,  Chapter  123,  post. 

1892,  ch.  462.  1898.  eh.  198,  (sec.  120A). 
279a.  Any  bill  of  exchange,  bank  check,  draft  or  promis- 
sory note  presentable  for  payment  or  acceptance  in  the  City 
of  Baltimore  on  the  first  day  of  the  week  commonly  called 
Sunday,  shall  be  deemed  to  be  presentable  for  payment  or 
acceptance  on  the  next  succeeding  secular  or  business  day. 

1892,  ch.  462.     1898,  ch.  198,    (sec.  120B). 

279b.  It  shall  be  lawful  for  banks  and  bankers  in  the  City 
of  Baltimore  to  close  their  doors  for  business  at  twelve  o'clock 
noon  on  each  and  every  Saturday  in  the  year,  and  every  Saturday 
in  the  year  after  twelve  o'clock  noon,  shall  for  all  purposes 
whatever,  so  far  as  regards  the  presenting  for  payment  or  ac- 
ceptance and  the  protesting  and  giving  notice  of  the  dishonor 
of  bills  of  exchange,  bank  checks,  drafts,  promissory  notes  and 
other  negotiable  paper,  be  a  legal  half-holiday,  and  shall  be 
treated  and  considered  as  the  first  day  of  the  week,  commonly 
called  Sunday,  and  all  such  bills,  checks,  drafts  and  notes, 
which,  on  their  face,  or  under  any  existing  law  or  by  the  provi- 
sion of  this  Act  shall  be  payable  or  presentable  for  acceptance 
or  payment  on  any  half -holiday  Saturday  shall  be  deemed  to 
be  payable  or  presentable  for  acceptance  or  payment,  and  notice 
of  protest  and  dishonor  thereof  may  be  given  on  the  next  suc- 
ceeding secular  or  business  day;  provided,  that  checks  and 
paper  payable  at  sight,  or  on  demand,  presentable  for  payment 
on  half-holiday  Saturday  may,  at  the  option  of  the  holder  there- 
of, be  payable  and  presentable  for  acceptance  or  payment  on 
such  half -holiday  Saturday  before  twelve  o'clock  noon ;  provided 
further,  that  for  the  purpose  of  protesting  or  otherwise  hold- 
ing liable  any  party  to  any  such  check  or  paper  payable  at  sight, 
or  on  demand,  presentable  for  payment  on  any  half-holiday 


209 

Saturday,  and  which  shall  have  been  presented  and  dishonored 
on  such  half-holiday  Saturday,  notice  of  protest  and  dishonor 
thereof  may  be  given  on  the  next  succeeding  secular  or  business 
day;  and  provided  further,  that  whenever  any  person  shall 
receive  for  collection  in  said  City  of  Baltimore,  any  bill  of  ex- 
change, bank  check,  draft  or  promissory  note  due  and  pre- 
sentable for  acceptance  or  payment  on  any  half-holiday  Satur- 
day, such  person  shall  not  be  deemed  guilty  of  any  neglect  or 
omission  of  duty,  or  incur  any  liability  in  not  presenting  for 
payment  or  acceptance,  or  collecting  such  bill  of  exchange,  bank 
check,  draft  or  promissory  note  on  that  day;  and  provided 
further,  that  in  construing  this  section,  every  half-holiday  Satur- 
day shall,  until  twelve  o'clock  noon,  be  deemed  as  a  secular  or 
business  day. 

1892,  ch.  462.     1898,  ch.  198,    (sec.  120C). 

279c.  Whenever  any  bill  of  exchange,  bank  check,  draft  ,or 
promissory  note  shall  be  presentable  for  payment  in  the  City 
of  Baltimore  on  the  secular  or  business  day  next  succeeding  the 
day  on  which  it  would  otherwise  have  been  presentable  for 
payment,  interest  on  the  same  shall  be  computed  down  to  and 
including  such  secular  or  business  day. 

BUILDIKGS. 

1880,  ch.  133.    P.  L.  L.,  (1888)  Art.  4,  sees.  125-128,  131A,  131B. 

1896,  ch.  363. 

280.  It  shall  not  be  lawful  for  the  owners  or  lessees  of  any 
public  hall,  church,  school  or  place  of  amusement,  in  the  Cities 
of  Baltimore,  Annapolis,  Cumberland,  Frederick,  Hagerstown 
or  Frostburg,  to  obstruct,  or  allow  to  be  obstructed  by  others, 
any  of  the  aisles  or  passage-ways  in  the  auditorium  of  said  halls, 
churches,  schools  or  places  of  amusement,  by  placing  therein 
any  benches,  chairs  or  stools,  or  other  articles  that  may  prevent 
free  ingress  or  egress  during  the  hours  that  said  places  may  be 
open  to  the  public.  Said  owners  or  lessees,  or  their  agents,  are 
required  to  keep  open  at  all  hours  during  the  time  said  halls, 
churches,  schools  or  places  of  amusement  are  opeti  to  the  pub- 
lic, all  doors  giving  ingress  or  egress,  unless  said  doors  open 
outward  from  said  places ;  then  the  same  may  be  closed,  but 
no  hindrances,  such  as  locks  or  catches  of  any  kind,  sluill  be 
allowed  to  obstruct  or  prevent  instant  and  easy  egress  through 
the  same;  and  when  said  doors  open  inwards,  it  is  required  of 
said  owners,  lessees  or  their  agents,  that  said  doors  shall  be 
fastened  securely  and  firmly  open.     Owners  or  lessees,  or  any 


210 

person  holding  nnder  them,  or  their  agents,  violating  any  of  the 
provisions  aforesaid,  shall,  on  conviction  thereof,  be  fined  by  the 
court  before  which  such  conviction  is  had  for  any  violation,  a 
sum  not  exceeding  five  hundred  dollars,  to  be  recovered  as  other 
fines  in  this  State,  one-half  of  which  shall  go  to  the  State  and 
the  other  half  to  the  cities  where  such  violations  occur  and  con- 
victions thereof  are  had.  It  is  made  the  special  duty  of  the 
Judge  or  Judges  of  the  courts  having  criminal  jurisdiction  in 
said  Cities  of  Baltimore,  Annapolis,  Cumberland,  Frederick, 
Hagerstown  and  Frostburg,  to  especially  charge  the  Grand 
Juries  of  said  courts  upon  the  execution  of  the  foregoing  pro- 
visions; and  the  police  authorities  of  said  cities  are  especially 
charged  with  the  execution  thereof,  and  to  that  end  shall  direct 
nightly  examinations  by  some  of  their  officers,  of  all  such  places. 
It  shall  not  be  lawful  for  any  person,  agent,  owner  or  proprie- 
tor of  any  sweat-shop  or  factory  where  four  or  more  persons 
are  employed,  to  use  any  coal  oil,  gasoline,  or  any  other  explo- 
sive or  inflammable  compound  for  the  purpose  of  lighting  or 
heating  in  any  form ;  and  any  person,  agent,  owner  or  proprie- 
tor violating  this  provision  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  be  fined  by  the  court  before  which 
such  conviction  is  had,  for  every  violation,  the  sum  of  one  hun- 
dred dollars  and  costs,  and  stand  committed  until  such  fine  and 
costs  be  paid.  The  owner  or  owners  of  any  such  house  or  build- 
ing used  as  a  sweat-shop  or  factory  where  four  or  more  persons 
are  employed  as  garment  workers,  on  other  than  the  first  floor 
of  such  house  or  building,  shall  provide  fire-escapes  for  the 
same;  and  if  any  owner  or  owners  of  any  house  or  building 
so  used,  fail  to  make  or  provide  a  fire-escape,  such  owner  or 
owners  shall  pay  a  fine  of  two  hundred  dollars,  to  be  recovered 
as  other  fines  in  this  State,  or  imprisonment  in  the  City  Jail 
for  sixty  days,  or  both  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

In  relation  to  the  provisions  in  section  280  regulating  sweat  shops,  it 
may  be  of  interest  to  note  that  the  Act  of  1902,  ch.  101,  known  as  the 
"Sweat  Shop  Law"  was  held  invalid,  in  that  it  was  not  a  just  and  reason- 
able police  regulation,  and  that  it  interfered  with  the  right  of  the  citizen 
to  enjoy  the  free  and  profitable  use  of  his  property  and  also  with  his 
right  of  personal  liberty,  without  due  process  of  law. 

State  V.  Legum,  Daily  Record,  November  18,  1902. 

1900,  ch.  274. 

280a.  Before  the  Appeal  Tax  Court  of  Baltimore  City 
grants  any  permit  for  the  erection  of  new  buildings  it  shall 
be  shown  to  the  said  Court  to  its  satisfaction  that  all  taxes 


211 

due  aud  unpaid  are  fully  paid  upon  the  land  on  which  said 
new  buildings  are  proposed  to  be  erected,  and  no  permit,  as 
aforesaid,  shall  be  issued  until  the  court  is  so  satisfied,  and  an 
appeal  is  allowed  from  this  as  in  other  cases  before  said  court, 
as  is  allowed  by  law. 

CARRIAGES,  HORSES  AND  AUTOMOBILES. 
HACKI^EY  CARRIAGES. 

p.  L.  I>.,   (1S60)  Art.  4,  sec.  140.     1865,  ch.  90.     P.  L.  L.,   (1888)  Art.  4, 
sec.  135.     1892,  cli.  631.     1910,  ch.  109. 

281.  The  Board  of  Police  Commissioners  of  the  City  of 
Baltimore  shall  determine  and  fix  rates  of  fare  and  amounts  to 
be  charged  by  the  owners,  drivers,  chauffeurs  or  persons  hav- 
ing in  charge  of  hackney  carriages  in  the  said  city,  and  every 
owner,  driver,  chauffeur  of  or  person  having  charge  of  any 
hackney  carriage  for  which  a  license  has  been  obtained  as  re- 
quired by  law  shall  be  authorized  and  entitled  to  ask,  charge 
and  receive  as  a  compensation  from  every  person  using  the 
same  the  rates  of  fare  and  compensation  prescribed  and  estab- 
lished by  the  said  Board  of  Police  Commissioners,  and  no 
more.  Every  vehicle,  whether  dra^vn  by  horses  or  other  animal 
power,  or  propelled  by  mechanical  motor,  except  a  street  car, 
used  or  to  be  used  for  the  conveyance  of  persons  for  hire  from 
place  to  place  within  the  City  of  Baltimore,  shall  be  deemed  to 
be  a  hackney  carriage  within  the  meaning  of  this  sub-division 
of  this  Article. 

P.  L.  L.,    (1860)   Art.  4,  sees.  143,  144.     1865,  ch.  90.     P.  L.  L.,    (1888) 
Art.  4,  sees.  136,  137.    1910,  ch.  109. 

282.  Every  hackney  carriage,  drawn  by  horse  or  other  ani- 
mal power,  licensed  as  required  by  law,  shall  be  provided  with 
a  lamp  on  each  side,  and  said  lamps  shall  be  kept  lighted  when 
such  vehicle  is  in  use  in  the  night  time,  and  the  number  of  the 
owner's  license  of  not  less  than  two  inches  in  length  shall  be 
placed  on  each  side  of  such  carriage  both  within  and  without, 
in  such  a  position  as  to  be  distinctly  seen  and  read,  and  the 
owner,  driver  or  person  having  charge  of  a  hackney  carriage, 
whether  drawn  by  horse  or  other  animal  power  or  propelled  by 
mechanical  motor,  shall  keep  in  a  conspicuous  place  in  the  in- 
terior of  such  carriage  at  all  times  the  rates  of  fare  and  the 
charges  prescribed  and  furnished  by  the  said  Board  of  Police 
Commissioners.  Any  owner,  driver,  chauffeur  or  person  having 
in  charge  any  hackney  carriage  as  aforesaid,  who  shall  omit. 


212 

neglect  or  refuse  to  comply  with  the  directions  herein  con- 
tained shall,  upon  conviction,  be  punished  by  a  fine  of  ten 
dollars. 

F.  L.  L.,   (ISGO)   Art.  4,  sec.  145.     P.  L.  L.,   (1888)   Art.  4,  sec.  138. 

1910,  ch.  109. 

283.  Every  driver,  chauffeur  of  or  person  having  in  charge 
any  hackney  carriage,  licensed  as  required  by  law,  whether 
drawn  by  horse  or  other  animal  power  or  propelled  by  mechani- 
cal motor,  who  shall  refuse  or  omit  when  required  to  inform 
any  person  using  such  carriage  or  applying  for  the  use  of  it, 
the  true  number  thereof  or  the  correct  amount  of  the  rate  of 
fare  or  charge  authorized  to  be  asked  for  the  use  of  it,  or  shall 
wilfully  mislead,  misconvey  or  insult  by  abusive  or  indecent 
and  opprobrious  language  any  passenger  whom  he  shall  have 
in  his  care  for  conveyance  in  the  carriage  of  which  he  is 
driver,  chauffeur  or  person  having  charge  thereof,  shall,  upon 
conviction,  be  punished  by  a  fine  not  exceeding  twenty  dollars. 

1892,  cli.  631.     p.  L.  L.,   (1888)  Art.  4,  sec.  138A.    1910,  ch.  109. 

284.  Any  driver,  chauffeur  of  or  person  having  in  charge 
any  hackney  carriage  who  shall  ask,  charge,  demand  or  receive 
more  than  the  rates  of  fare  or  charges  as  established  by  the 
Board  of  Police  Commissioners  in  the  City  of  Baltimore  from 
time  to  time  from  any  passenger  or  passengers  shall,  upon  con- 
viction, be  punished  by  a  fine  not  exceeding  fifty  dollars,  or 
imprisonment  in  jail  for  a  period  not  exceeding  six  months 
nor  less  than  thirty  days,  or  both  such  fine  and  imprisonment ; 
and  any  passenger  or  passengers  who  shall  refuse  to  pay  or  at- 
tempt to  avoid  payment  of  the  rates  of  fare  or  charges  so  as 
aforesaid  established  by  the  Board  of  Police  Commissioners 
shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  conviction, 
forfeit  and  pay  a  fine  of  not  exceeding  fifty  dollars. 

1865,  ch.  90.     P.  L.  L.,    (1888)   Art.  4,  sec.  139.     1910,  ch.  109. 

285.  'No  driver,  chauffeur  of  or  person  having  charge  of  any 
hackney  carriage,  except  omnibus,  park  phaeton  or  sightseeing 
vehicle,  shall  take  up  or  carry  any  j)assengers  after  the  car- 
riage has  been  occupied,  engaged  or  hired  by  any  prior  pas-, 
senger  until  such  prior  passenger  shall  have  discharged  said 
carriage,  without  tlie  consent  of  such  prior  passenger,  and  such 
prior  passenger  shall  not  be  obliged  or  asked  to  pay  any  extra 
fare  or  fee  for  refusing  such  consent,  and  every  person  having 
charge  of  a  hackney  carriage  shall,  immediately  after  deliver- 


213 

ing  any  passenger,  search  said  carriage  for  any  property  which 
may  have- been  left  therein,  and  any  property  found  therein  by 
any  person  having  charge  of  any  hackney  carriage,  and  not 
restored  to  the  owner  thereof  within  twenty-four  hours,  shall 
be  delivered  by  the  finder  thereof  to  the  Board  of  Police  Com- 
missioners, to  be  by  them  held  and  disposed  of  as  required  by 
law  in  the  case  of  lost  and  stolen  property.  Any  person 
violating  the  provision  of  this  section  shall  be  guilty  of  a  mis- 
demeanor, and  shall,  upon  conviction,  be  punished  by  a  fine  not 
exceeding  ten  dollars. 

1865,  ch.  90.     p.  L.  L.,    (1888)   Art.  4,  sec.  140.     1910.  ch.  109. 

286.  The  said  Board  of  Police  Commissioners  are  authorized 
and  empowered  to  set  aside  and  designate  certain  places  in 
the  City  of  Baltimore  to  be  occupied  and  used  as  public  or 
private  stands  for  hackney  carriages,  and  to  stipulate  the  num- 
ber of  such  carriages  which  may  occupy  or  use  each  of  such 
stands,  and  to  make  regulations  for  the  occupation  and  use  of 
such  stands.  Any  person  violating  any  of  the  provisions  of  this 
section  or  any  regulation  made  by  the  said  Board  of  Police 
Commissioners  under  the  authority  in  this  section  conferred 
shall  be  giiilty  of  a  misdemeanor,  and  shall,  upon  conviction, 
forfeit  and  pay  a  fine  of  not  exceeding  twenty  dollars. 

1865,  ch.  90.     P.  L.  L.,    (1888)    Art.  4,  sec.  141. 

287.  Each  and  every  proprietor  of  hackney  carriages  shall, 
at  the  time  when  he  applies  for  a  special  license,  or  any  re- 
newal thereof,  furnish  the  Comptroller  or  other  proper  officer 
of  the  City  of  Baltimore  with  a  correct  statement  of  the  number 
of  hackney  carriages  used  by  him;  and  such  owner,  whenever 
he  shall  increase  the  number  of  such  hackney  carriages,  shall 
report  such  increase  to  the  Comptroller  or  other  proper  officer 
of  said  city;  and  every  person  violating  any  of  tlie  provisions 
of  this  section  shall  forfeit  his  license,  and  be  liable  to  a  penalty 
of  ten  dollars. 

288  and  289.     Kepealed  by  Act  of  1910,  Chapter  100. 

P.  L.  L.,  (1800)  Art.  4,  sec.  148.    P.  L.  L.,  (1888)  Art.  4,  sec.  144. 

290.  All  penalties  which  shall  be  recovered  for  the  breach 
of  any  of  the  provisions  of  this  sub-division  of  this  Article, 
shall  be  appropriated  one-half  to  the  use  of  the  dispensaries 
in  the  City  of  Baltimore,  to  be  equally  divided  between  them, 
and  the  other  half  to  the  use  of  the  informer,  whose  name  shall 
be  endorsed  on  the  warrant  issued  for  the  recovery  of  each 
respective  penalty. 


; 


214 
HORSES,  ETC.  LIVERY  STABLE  CHARGES. 

1865,  ch.  163.     P.  L.  L.,    (1888)   Art.  4,  sec.  145. 

291.  It  shall  be  lawful  for  any  livery  stable  keeper  to 
retain  in  his  custody  any  horse,  mare  or  gelding  placed  under 
his  care  for  livery,  and  also  any  vehicle,  until  all  charges  for 
so  keeping  shall  be  paid  by  the  owner  thereof. 

1865,  ch.  163.     P.  L.  L.,  (1888)  Art.  4,  sec.  146. 

292.  It  shall  and  may  be  lawful  for  such  livery  stable 
keeper  to  sell  any  such  horse,  mare  or  gelding,  or  vehicle,  at 
public  auction  in  the  City  of  Baltimore,  after  giving  at  least 
twenty  days'  notice  in  two  of  the  daily  newspapers,  published  in 
the  City  of  Baltimore,  of  the  time,  place  and  manner  of  sale ; 
and  after  deducting  the  amount  due  for  keeping,  together  with 
all  expenses  of  said  sale,  to  return  the  surplus,  if  any,  to  the 
owner  of  such  horse,  mare  or  gelding,  or  vehicle. 

1865,  ch.  163.     P.  L.  L.,  (1888)  Art.  4,  sec.  147. 

293.  Before  proceeding  as  above,  it  shall  be  necessary  for 
such  livery  stable  keeper  to  state  an  account  for  keeping  of 
such  horse,  mare  or  gelding,  or  vehicle,  and  prove  the  same 
before  a  Justice  of  the  Peace  for  the  City  of  Baltimore,  who, 
upon  being  satisfied  by  proof  of  demand  and  refusal  or  neglect 
to  pay  on  the  part  of  the  owner,  shall  thereupon  issue  his  war- 
rant authorizing  such  sale  as  aforesaid ;  provided,  that  the  pro- 
prietors of  such  livery  stables  shall  set  up  on  their  premises,  in 
some  conspicuous  place,  a  copy  of  the  aforegoing  two  sections, 
printed  in  large  type,  and  their  rates  of  livery. 

CORONERS,  INQUESTS  AND  DEAD  BODIES. 

1878,  ch.  347.  1S90,  ch.  207.  P.  L.  L.,  (1888)  Art.  4,  sec.  149.  1892, 

ch.  15.  1894,  ch.  84. 

294.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  shall  appoint  and  commission  seven  competent 
physicians  to  act  as  coroners  for  the  City  of  Baltimore,  to 
hold  office  during  the  period  of  two  years,  at  an  annual  salary 
of  one  thousand  dollars  each,  payable  quarterly  by  the  City 
Register;  and  said  coroners  shall  be  assigned  to  duty  by  the 
Governor,  and  to  each  of  the  police  districts  of  the  City  of  Bal- 
timore; and  it  is  further  provided,  that  whenever  the  police 
districts  of  the  City  of  Baltimore  shall  be  increased  in  number 
by  the  order  of  the  Board  of  Police  Commissioners  of  Balti- 
more City,  the  Governor  shall  appoint  an  additional  coroner  for 


216 

each  of  the  police  districts  so  created;  provided,  that  before 
entering  upon  the  duties  of  their  oifice,  the  persons  appointed 
shall  take  the  oath  of  office  prescribed  by  the  Constitution  of 
the  State  of  Maryland,  for  office-holders ;  and  further,  they  shall 
give  bond  to  the  said  State  of  Maryland,  with  security  to  be 
approved  by  the  Judge  of  the  Superior  Court  of  Baltimore 
City,  in  the  penalty  of  two  thousand  dollars  each,  conditioned 
for  the  faithful  performance  of  their  duties,  as  now  prescribed 
by  law,  or  which  shall  hereafter  be  prescribed. 
Young  V.  College,  etc.,  81  Md.  358. 

1872,  ch.  45.     P.  L  L.,   (1888)  Art.  4,  sec.  150.     1898,  ch.  123. 

1902,  ch.  317. 

295.  In  addition  to  the  coroners  provided  for  in  the  pre- 
ceding section  the  Governor  shall  appoint  one  more  coroner 
for  the  ''City  of  Baltimore,"  to  be  known  as  the  "Coroner  at 
Large"  for  said  city,  whose  duty  it  shall  be  to  act  in  the  place 
of  j.ny  of  the  coroners  who  shall  have  been  assigned  to  the 
valgus  police  districts  of  said  city  who  may  have  been  pre- 
vented by  illness  or  enforced  absence  from  attending  to  his 
duties ;  the  said  coroner  at  large  shall  receive  the  same  com- 
pensation as  is  prescribed  in  the  preceding  section  for  other 
coroners  for  said  city.  The  coroners  provided  for  in  the  pre- 
ceding section  shall  be  assigned  to  such  sub-division  or  district 
of  the  City  of  Baltimore  as  the  Governor  may  direct. 

P.  L.  L.,  (1860)  Art.  4,  sec.  153,  154.     1872,  ch.  45.    P.  L.  L.,  (1888) 

Art.  4,  sec.  151. 

296.  The  Coroner  shall  hold  an  inquest  over  every  person 
found  dead  in  his  district  in  said  city  when  the  manner  and 
cause  of  death  shall  not  be  already  knowTi  as  accidental,  or  in 
the  course  of  nature.  No  Coroner's  jury  in  said  city  shall 
receive  any  fee  or  compensation  for  services  as  such ;  and  said 
Coroners  are  authorized  and  empowered  to  issue  their  certifi- 
cates to  the  City  Register  for  the  payment  of  such  expenses 
as  may  be  necessary  for  the  interment  of  any  person  over  whom 
they,  or  either  of  them,  has  held  an  inquest,  and  whose  body  is 
not  claimed  by  friends  or  relatives ;  provided,  the  amount  of 
such  expenses  shall  not  in  any  case  exceed  the  sum  of  seven 
dollars. 

P.laney  v.  State,  74  Md.  1.53.  Young  v.  College  of  Physicians,  etc.,  81 
Md.   ;i58. 

1872,  ch.  4.5.     P.  L.  L.,   (1888)   Art.  4,  sec.  152. 

297.  Each  of  said  Coroners  shall  make  a  monthly  report  to 


216 

the  Police  Commissioners  of  Baltimore  City,  of  the  mimbcr 
of  inquests  held  by  him  during  the  month  last  past  before 
said  report,  with  a  full  description,  as  far  as  may  be,  of  the 
persons  who  were  the  subjects  of  such  inquests,  their  sex,  age, 
color  and  nationality,  the  cause  and  mode  of  their  death,  and 
such  other  particulars  as  may  be  necessary  for  their  identifica- 
tion, in  case  of  strangers  and  unlcnown  persons ;  and  each  of 
said  Coroners  shall  also,  immediately  after  holding  an  inquest, 
deposit  in  some  bank  of  Baltimore  City,  subject  to  the  order 
of  the  Judges  of  the  Orphans'  Court  of  said  city,  all  property, 
money  and  other  effects  found  upon  the  person  of  those  over 
whom  he  shall  hold  inquest,  as  hereinbefore  provided. 

1882,  ch.  163.     1890,  cli.  166.     P.  L.  L.,   (1888)   Art.  4,  sec.  153. 

298.  Any  public  officer  of  Baltimore  City  or  Baltimore 
County  having  charge  of  or  control  over  the  bodies  of  deceased 
persons  required  to  be  buried  at  the  public  expense  or  at  the 
expense  of  any  institution  supported  by  said  City  or  County, 
shall  notify  the  chairman  of  the  Anatomy  Board,  said  board 
being  composed  of  a  demonstrator  of  anatomy  from  each  medi- 
cal school  in  the  State,  of  the  existence  and  possession  of  such 
bodies,  and  shall  give  permission  to  said  Anatomy  Board, 
through  its  chairman,  or  to  any  physician  or  surgeon  of  the 
State  of  Maryland  upon  his  request  made  therefor,  to  take 
such  bodies  within  forty-eight  hours  after  death,  to  be  by  him 
used  within  the  State  for  the  advancement  of  medical  science, 
preference  being  given  to  medical  schools,  public  and  private ; 
and  said  bodies  shall  be  distributed  to  and  among  the  same 
equitably,  the  number  assigned  to  each  being  proportioned  to 
that  of  its  students;  provided,  however,  that  if  any  person 
claiming  to  be  and  satisfying  the  proper  authorities  that  he  is, 
of  kindred  to  the  deceased,  or  that  he  was  a  friend  to  de- 
ceased during  his  life,  shall  ask  to  have  the  body  for  burial, 
it  shall  be  surrendered  for  interment ;  or  if  such  deceased  per- 
son was  a  stranger  or  traveler  who  died  suddenly,  the  body 
shall  be  buried  and  not  handed  over  as  aforesaid.  Any  public 
officer  of  Baltimore  City  or  County  having  charge  of  or  control 
over  the  bodies  of  the  deceased  persons  required  to  be  buried 
at  the  public  expense  or  at  the  expense  of  any  institution  sup- 
ported by  said  city  or  county,  who  shall  neglect  or  refuse 
to  comply  with  the  requirements  of  this  section,  shall  be  guilty 
of  a  misdemeanor,  and  shall  upon  conviction  be  fined  not  less 
than  fifty  nor  more  than  one  hundred  dollars  for  each  and 
every  offence. 


217 

1882,  ch.  113.     P.  L.  L.,    (1888)   Art.  4,  sec.  154. 

299.  Every  physician  or  surgeon,  before  receiving  any  such 
dead  body  shall  give  to  the  proper  authorities  a  sufficient  bond 
that  such  body  shall  be  used  only  for  the  promotion  of  medi- 
cal science  within  the  State;  and  whosoever  shall  use  such 
body  for  any  other  purpose,  or  shall  remove  the  same  beyond 
the  limits  of  this  State,  and  whosoever  shall  sell  or  buy  such 
body,  or  in  any  way  traffic  in  the  same,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  on  conviction,  be  imprisoned  for  a 
term  not  exceeding  five  years  at  hard  labor  in  the  City  Jail. 

COURTS. 

Superior  Court,  Court  of  Common  Pleas  and  Baltimore 

City  Court. 
^  1870,  ch.  177.     p.  L.  L.,  (1888)  Art.  4.  sec.  155. 

300.  The  Judge  before  whom  any  case  may  be  tried  in 
either  the  Baltimore  City  Court,  the  Superior  Court  of  Balti- 
more City,  or  in  the  Court  of  Common  Pleas,  shall  have  ex- 
clusive jurisdiction  to  hear  and  determine,  and  the  said  judge 
shall  hear  and  determine,  all  motions  for  a  new  trial  where 
such  motions  arise,  either  on  questions  of  fact  or  for  misdirec- 
tion upon  any  matters  of  law,  and  all  motions  in  arrest  of 
judgment,  or  upon  any  matters  of  law,  determined  by  the  said 
judge;  and  all  such  motions  shall  be  heard  and  determined 
within  thirty  days  after  they  are  made. 

1870,  ch.  177.     p.  L.  L.,  (1888)  Art.  4,  sec.  156. 

301.  In  no  case  shall  either  the  plaintiff  or  defendant  be 
required  to  file  a  "paper  book"  of  evidence  or  brief,  in  either 
of  the  courts  of  the  City  of  Baltimore. 

1876,  ch.  96.     P.  L.  L.,   (1888)  Art.  4,  sec.  157. 

302.  The  stated  terms  of  the  Superior  Court  of  Baltimore 
City,  the  Court  of  Common  Pleas  and  the  Baltimore  City 
Court,  shall  commence  on  the  second  Monday  in  January,  the 
second  ]\[onday  in  May,  and  the  second  Monday  in  September, 
in  each  year. 

Preston  v.  McCann,  77  Md.  30. 

Powers  of  f^upcrior  Court.  Tho  Superior  Coiu't  has  no  power,  under 
section  107  of  Art.  2.'i,  Code  I'ublic  General  Laws,  to  confirm  or  set  aside 
an  inquisition  of  a  Sheriff's  Jury.  W.  M.  Tidewater  R.  R.  Co.  v.  Leon- 
ard, Daily  Record,  .Tune  15,  1903. 


218 

1864,  ch.  6,  sec.  1.    1886,  ch.  184.    P.  L.  L.,  (1888)  Art.  4,  sec.  158. 

303.  In  addition  to  the  first  day  of  each  term  of  the 
Superior  Court  of  Baltimore  City,  the  Court  of  Common  Pleas 
of  the  City  of  Baltimore,  and  the  Baltimore  City  Court,  the 
second  Monday  in  February,  March,  April,  June,  July,  August, 
October,  November  and  December,  in  each  year,  shall  be  re- 
turn days,  and  the  words  "return  day,"  wherever  used  in  this 
sub-division  of  this  Article  shall  apply  as  well  to  the  first  day 
of  each  term  as  to  the  other  return  davs  herein  enumerated. 

1886,  ch.  184.    P.  L.  L.,  (1888)  Art.  4,  sec.  159. 

304.  All  original  writs,  writs  of  execution,  attachment,  re- 
plevin, ejectment,  scire  facias  and  habere  facias,  as  well  as  all 
other  writs  and  process  issued  from  or  returnable  to  any  of 
said  courts,  which  under  the  practice  heretofore  existing  would 
have  been  returnable  to  the  first  day  of  the  term,  or  to  a  re- 
turn day,  shall  hereafter  be  made  returnable  to  the  first 
return  day  after  the  issue  of  the  same,  or  may  be  made  return- 
able to  the  second  return  day  thereafter,  if  the  party  by  whose 
direction  the  same  was  issued,  or  his  attorney,  shall  so  request 
in  writing. 

1864,  ch.  6,  sec.  3.     1886,  ch.  184.     P.  L.  L.,   (1888)  Art.  4,  sec.  160. 

1894,  ch.  180. 

305.  On  the  return  of  an  original  writ,  not  executed  in 
either  of  said  courts,  the  same  may  be  renewed,  returnable  to 
the  next  return  day  thereafter,  and  after  two  returns  of  any 
original  writ  not  executed  at  the  two  succeeding  return  days 
after  the  writ  is  first  issued,  the  same  shall  be  permitted  to  lie 
dormant,  renewable  only  on  the  written  order  of  the  plaintiff 
or  his  attorney  of  record  to  such  future  return  day  as  the  said 
plaintiff  or  his  attorney  may  elect,  and  upon  a  further  return 
if  not  executed,  said  writ  shall  be  again  permitted  to  lie,  re- 
newable only  as  aforesaid,  the  said  plaintiff  or  his  attorney 
having  the  right  to  renew  said  writ  to  as  many  subsequent 
return  days,  under  the  same  mode  of  procedure  as  may  be 
deemed  proper,  until  the  same  is  executed. 

1864,  ch.  6,  sec.  4.     1886,  ch.  184.     P.  L.  L.,   (1888)  Art.  4,  sec.  161. 

306.  After  the  execution  of  any  writ  or  other  process  made 
returnable  to  a  return  day  in  either  of  said  courts,  the  same 
proceedings  may  be  had  thereupon  as  if  the  same  had  been 
made  returnable,  and  had  been  returned  to  a  term  of  said 
court  under  the  practice  heretofore  existing,  except  as  herein- 
after  otherwise   provided. 


219 

Exemption  from  service  of  process  in  civil  actions:  A  non-resident 
here  for  the  sole  purpose  of  attending  upon  the  trial  of  a  case  to  which 
he  is  a  party,  is  exempted  from  the  service  of  process  in  a  civil  action. 
But  such  privilege  may  be  waived  or  lost  by  laches,  and  must  be  availed 
of  at  proper  time  by  plea  or  motion. 

Foss  V.  Carnell,  Daily  Record,  January  23,  1894. 

1864.  ch.  6,  sec.  5.     1886,  ch.  184.     P.  L.  L.,   (1888)  Art.  4,  sec.  162. 

307.  If  a  defendant  be  returned  "summoned,"  and  shall 
fail  to  appear,  the  clerk  of  the  court  on  the  day  following  the 
return  day  to  which  the  writ  or  process  served  on  him  is  re- 
turnable, shall  enter  the  appearance  of  any  defendant  so  sum- 
moned and  failing  to  appear,  and  the  action  shall  proceed  in 
the  same  manner  as  if  the  party  had  appeared  in  person. 

1886,  ch.  184.     P.  L.  L.,  (1888)  Art.  4,  sec.  163. 

SOSlk  When  a  declaration  in  any  action  shall  be  filed  in 
court,  and  a  copy  thereof  delivered  to  the  defendant  before 
the  day  of  the  return  of  the  writ,  and  the  defendant  shall  be 
summoned  before  the  said  day  of  the  return  of  the  w^-it,  he 
shall  plead  before  the  next  succeeding  return  day,  or  judgTiient 
by  default  for  want  of  a  plea  shall  be  entered  by  the  court  or 
clerk  thereof,  upon  motion  in  writing  made  by  the  plaintiff,  or 
his  attorney,  then,  or  at  any  time  thereafter,  before  the  filing 
of  a  plea  by  the  defendant,  unless  the  court  for  good  reasons 
shall  have  granted  said  defendant  further  time  to  plead;  and 
upon  such  entry  of  judgment,  the  plaintiff  may  forthwith  sue 
out  his  writ  of  inquiry,  or  otherwise  enter  up  final  judgment 
according  to  the  course  of  the  court. 

Cooper  V.  Roche,  36  Md.  563.    Cf.,  Condon  v.  Gore,  89  Md.  230. 

The  clerk  has  no  authority  to  enter  up  a  judgment  for  want  of  a  plea 
except  on  motion  therefor  by  the  plaintiff  or  his  attorney. 
Griffith  V.  Graham,  Daily  Record,  July  15,  1891. 

Practice — time,  election  jury  trial — rule,  Supreme  Bench,  effect  of — 
mode  presenting  rule,  Court  of  Appeals. 

Baltimore  v.  Thomas,  115  Md.  212. 

1886,  ch.  184.     P.  L.  L.,  (1888)  Art.  4,  sec.  164. 

309.  "When  any  action  shall  be  brought  upon  a  titling  and 
the  defendant  shall  have  been  summoned,  the  plaintiff  shall  file 
his  declaration  within  fifteen  days  after  the  return  day  to 
which  said  defendant  had  been  summoned,  or  judgment  of  non 
pros,  may  be  entered  by  the  court  or  the  clerk  thereof  against 
him  for  want  of  a  declaration,  upon  motion  in  writing  made  by 
the  defendant  at  any  time  thereafter,  unless  the  court  for  good 
cause  shown  shall  grant  further  time;  but  if  the  plaintiff  shall 


220 

have  filed  liis  declaration  in  any  such  action,  at  any  time  he- 
fore  the  entry  of  a  judgment  of  non  pros,  against  him,  the 
defendant  shall  be  required  to  plead  to  such  declaration  within 
the  time  and  upon  the  terms  prescribed  by  the  rules  of  the 
court,  or  judgment  by  default  may  be  entered  against  him  as 
provided  by  said  rules. 

1886,  ch.  184.    P.  L.  L.,   (1888)  Art.  4,  sec.  165. 

310.  Every  suit  in  which  any  defendant  shall  be  returned 
summoned,  shall  stand  for  trial  or  judgment  (as  against  such 
defendant)  at  the  return  day  next  succeeding  the  day  to  which 
he  has  been  summoned;  provided,  the  declaration  shall  have 
been  filed  in  court,  and  a  copy  thereof  shall  have  been  served  on 
the  defendant,  or  his  attorney,  at  least  fifteen  days  before  said 
return  day;  and  all  such  suits  in  which  final  judgment  is  not 
entered  on  that  day,  shall  then  be  put  at  the  end  of  the  trial 
calendar  of  the  court  in  which  they  are  brought,  in  the  order 
in  which  they  were  instituted  in  said  court,  and  shall- be  finally 
disposed  of  as  far  as  possible  when  reached  in  their  regular 
course. 

1886,  ch.  184.     P.  L.  L.,   (1888)  Art.  4,  sec.  166. 

311.  In  all  cases  in  which  a  party  by  law  would  be  entitled 
to  a  continuance,  the  court  may,  instead  of  continuing  the 
cause  to  the  next  term,  postpone  the  same  for  thirty  days,  or 
such  other  period  as  will  best  subserve  the  interests  of  justice. 

Smithson  v.  U.  S.  Telegraph  Co.,  29  Md.  165. 

SPEEDY  JUDGMENT   ACT. 

1858,  ch.  323.     1864,  ch.  6,  sec.  7.     1886,  ch.  184,  sec.  170.     P.  L.  L., 
(1888)  Art.  4,  sec.  167.     1894,  ch.  173. 

312.  In  any  suit,  when  the  cause  of  action  is  a  contract, 
whether  in  writing  or  not,  or  whether  expressed  or  implied,  the 
plaintift",  if  afiidavit  or  affirmation  be  made,  as  hereinafter  stated, 
shall  be  entitled  to  judgment  to  be  entered  by  the  Court  or  the 
clerk  thereof,  on  motion,  in  writing,  at  any  time  after  fifteen 
days  from  the  return  day  to  which  the  defendant  shall  have 
been  summoned,  although  the  defendant  may  have  pleaded, 
unless  such  plea  contains  a  good  defence  and  unless  the  de- 
fendant or  some  one  in  his  behalf  shall,  under  oath  or  affirma- 
tion, state  every  plea  so  pleaded  by  the  defendant  is  true; 
and  shall  further  state  the  amount  of  plaintift's  demand, 
if  anything,  admitted  to  be  due  or  owing,  and  the  amount  dis- 
puted, and  further,  that  the  affiant  verily  believes  the  defendant 


221 

will  be  able  at  the  trial  of  the  cause  to  produce  sufficient  evi- 
dence to  support  the  plea  as  to  the  portion  disputed,  and  that 
he  is  advised  by  counsel  to  file  the  said  plea;  and  such  plea 
shall  be  accompanied  by  a  certificate  of  counsel  that  he  so  ad- 
vised the  party  making  such  oath  or  affirmation,  and  if  the  co- 
partnership or  incorporation  of  any  of  the  parties  to  the  suit 
shall  be  alleged  in  the  declaration  and  the  affidavit  to  be  filed 
therewith,  as  hereinafter  provided ;  or  if  there  shall  be  filed 
with  the  declaration  in  said  cause,  any  paper  purporting  to 
be  signed  by  any  defendant  therein,  the  fact  of  such  alleged 
copartnership  or  incorporation,  and  the  genuineness  of  such 
signature  shall  be  deemed  to  be  admitted  for  the  purposes  of 
said  cause,  unless  the  said  affidavit  shall  further  state  that  the 
affiant  knows,  or  has  good  reason  to  believe,  such  allegation  of 
copartnership  or  incorporation  to  be  untrue,  or  that  such  sig- 
nature was  not  written  by  or  by  the  authority  of  the  person 
whose  signature  it  purports  to  be.  In  case  any  part  of  the 
debt  or  damages  claimed  to  be  admitted  to  be  due,  the  plaintiif 
shall  be  entitled  forthwith  to  an  entry  of  judgment  there- 
for, with  costs  in  the  discretion  of  the  court,  to  the  time  of 
entry  of  such  judgment,  and  if  the  amount  so  admitted  to  be  due 
shall  not  be  below  the  jurisdiction  of  the  court,  the  plaintiff 
may  at  once  have  execution  therefor,  and  upon  such  entry  of 
judgTaent  the  plaintiff  may  join  issue  or  reply  to  the  pleas  as 
to  the  disputed  portion,  and  the  case  shall  be  proceeded  with 
as  to  such  disputed  portion  in  the  same  manner  as  if  the  suit 
had  been  originally  instituted  for  the  recovery  of  the  same ; 
and  the  court  shall  have  jurisdiction  as  to  such  disputed  portion 
in  all  cases  where  the  amount  originally  claimed  shall  be  within 
the  jurisdiction  of  the  court,  but  if  either  judgment  in  the  case 
be  below  the  jurisdiction  of  the  court,  no  execution  shall  issue 
from  that  court  on  the  same,  and  the  provisions  of  section  17 
of  Article  26  of  the  Code  of  Public  General  Laws  shall  apply 
thereto;  yet  if  the  sum  of  the  two  judgments  shall  eqiial  such 
jurisdiction  they  may  then  be  included  in  an  execution  issued 
from  that  court ;  provided,  that  the  court  for  good  cause  shown, 
may,  by  its  order  in  writing,  passed  at  any  time  before  judg- 
ment, extend  the  time  for  filing  such  pleas  and  affidavits,  which 
extension  shall  suspend,  until  the  expiration  thereof,  the  plain- 
tiff's right  to  enter  judgment  under  this  section. 

Smithson  v.  U.  S.  Telg.  Co.,  29  Md.  162.  Jones  v.  Freeman,  29  Md. 
27.3^  State  u.se  of  Bouldin  v.  Steibel,  31  Md.  34.  Knickerbocker  Ice 
Co.  V.  Iloeske,  .32  Md.  317.  King  v.  Hicks,  32  Md.  400.  Jones  v.  Burnett, 
3.5  Md.  258.  Keen  v.  Wliittin«fon,  40  Md.  489.  Baltimore  v.  Ideson,  47 
Md.  542.    Traber  v.  Traber,  50  Md.  1.    Thorne  v.  Fox,  G7  Md.  67.    Adler 


222 

V.  Crook.  68  Md.  404.  Hntton  v.  Marx,  69  Md.  252.  May  v.  Wolvington. 
69  Md.  117.  Thilluian  v.  Sliadrick.  69  Md.  528.  Gemmill  v.  Davis,  71 
Md.  458.  Huntington  v.  Emery,  74  Md.  67.  Baltimore  Pub.  Co.  v.  Hooper, 
76  Md.  115.  Sanborn  v.  Mullen,  77  Md.  480.  Laubheimer  v.  Nail,  88  Md. 
174.  Griffith  v.  Adams,  95  Md.  175.  Singer  v.  Fidelity  &  Dept.  Co.,  96 
Md.  224.  Farmers,  etc.  Bank  v.  Hunter,  97  Md.  148.  Horner  v.  Plumley, 
97  Md.  277.  Codd  Co.  v.  Parker,  97  Md.  323-325.  Smith  v.  Hallwood 
Cash  Reg.  Co.,  97  Md.  354.  Nicholson  v.  Snyder,  97  Md.  419.  Deved  v. 
Carrington.  98  Md.  378.  Abbott  v.  Bowers,  98  Md.  525.  Steuart  v.  Chap- 
pell.  98  Md.  530.  Colbourn  Bros.  v.  Boulton,  100  Md.  353.  354.  Miller 
V.  Michaels,  101  Md.  188.  Commonwealth  Bank  v.  Kirkland,  102  Md.  662. 
See  note,  page  219,  Baltimore  City  Code  (1879). 

NOTES    OF   DECISIONS    OF   BALTIMORE    CITY    COURTS. 

(1)  The  affidavit  required  of  defendants,  does  not  apply  to  those 
cases  in  which  the  defendants  are  executors. 

(2)  The  Baltimore  City  Court  has  jurisdiction  over  a  suit  to  recover 
the  even  sum  of  $100.00,  when  interest  thereon  is  recoverable  as  of  right. 
Mutual  Life  Ins.  Co.  v.  Hantske,  Daily  Record,  December  15,  1900. 

(3)  Pi-actice  Act  of  Baltimore  City:  A  special  count  which  states 
no  express  contract  to  pay  money,  or  any  facts  from  which  such  a  con- 
tract can  be  implied,  cannot  be  filed  with  the  common  counts  under  the 
Practice  Act  of  Baltimore  City.  Murray  v.  Revel,  Daily  Record,  Jan- 
uary 10,  1899. 

(5)  Declaration:  A  declaration  filed  under  Act  1886,  ch.  184,  made 
before  a  Justice  of  Peace  in  another  state  and  not  having  attached  to  it 
a  certificate  of  the  Judge  of  the  Court  according  to  the  Act  of  Congress, 
is  defective  and  a  judgment  of  nan  pros,  will  be  allowed  on  motion. 
Downs  V.  Appold.  Daily  Record.  October  19,  1892. 

(6)  The  declaration  and  affidavit  must  agree,  otherwise  a  motion  to 
strike  out  the  judgment  will  prevail.  Griffith  v.  Graham,  Daily  Record, 
July  15,  1891. 

Upon  demand  for  Bill  of  Particulars,  defendant  entitled  to  have  order 
extending  time  to  plead. 

Newbold  v.  Green.  122  Md.  649.     {See  Act  1914,  ch.  378). 

Pleas  were  withdrawn  and  new  pleas  substituted  by  permission  of 
Court,  to  which  plaintiff  filed  replication  and  proceeded  to  trial.  Held, 
that  the  replication  and  the  proceeding  with  the  trial  amounted  to  a 
waiver  by  the  plaintiff  of  the  right  to  raise  on  appeal  the  question  of 
the  correctness  of  the  ruling.  The  proper  course  would  have  been  for 
the  plaintiff  to  decline  to  file  the  replication,  and  to  suffer  judgment 
by  default,  from  which  judgment  an  appeal  can  be  taken. 
Shoop  V.  F.  &  D.  Co.,  124  Md.  130. 

1864,  ch.  6,  sec.  8.    1886,  ch.  184,  sec.  171.    P.  L.  L.,  (1888)  Art.  4, 

sec.  168. 

313.  The  plaintiff  shall  not  be  entitled  to  judgment  under 
the  preceding  section,  unless  at  the  time  of  bringing  his  action 
he  shall  file  with  his  declaration  an  affidavit  or  affirmation,  if 
the  affiant  is  conscientiously  scrupulous  as  to  taking  an  oath,  stat- 
ing the  true  amount  the  defendant  is  indebted  to  him,  over  and 
above  all  discounts,  and  shall  also  file  the  bond,  bill  of  exchange, 


I 


223 

promissory  note  or  other  writing  or  account  by  which  the  de- 
fendant is  so  indebted;  or  if  the  action  be  founded  upon  a 
verbal  or  implied  contract,  shall  file  a  statement  of  the  particu- 
lars of  the  defendant's  indebtedness  thereunder.  If  there  are 
two  or  more  plaintiffs,  the  said  affidavit  or  affirmation,  may 
be  made  by  any  one  of  them,  or  if  all  the  plaintiffs  be  absent 
from  the  State  at  the  time  of  the  bringing  of  said  suit,  or  if 
the  plaintiff  be  a  corporation,  the  said  affidavit  or  affirmation 
may  be  made  by  an  agent  of  plaintiff  or  plaintiffs,  or  any  of 
them,  who  will  make  further  oath  or  affirmation  that  he  has 
personal  knowledge  of  the  matters  therein  stated ;  and  the  said 
affirmation  or  affidavit  may  be  made  before  any  of  the  persons 
who  may  take  an  affidavit  or  affirmation  to  authorize  the  issuing 
of  a  foreign  attachment,  and  may  be  certified  in  the  same  man- 
ner. 

Mailhouse  v.  Inloes,  IS  Md.  332.  Griffin  v.  Leslie,  20  Md.  15.  Smith- 
son  V.  Tlie  United  States  Telegrapli  Co.,  29  Md.  165.  Jones  v.  Freeman, 
29  Md.  276.  Greff  v,  Fickey,  30  Md.  79.  State  v.  Steibel,  31  Md.  37. 
Kniclcerbocker  Life  Ins.  Co.  of  New  York  v.  Hoeske,  32  Md.  318.  McAl- 
lister V.  Eichengreen.  34  Md.  56.  Norris  v.  Wrenschall,  34  Md.  499. 
Canton  Nat.  Bldg.  Ass'n  v.  Weber,  34  Md.  671.  Jones  v.  Barnett,  35 
Md.  260.  Ingalls  v.  Crouch,  35  Md.  296.  Keene  v.  Whittington  &  Co., 
40  Md.  497.  Loney  v.  Bailey,  43  Md.  10.  McSherry  v.  Brooks,  46  Md. 
122.  Mayor  v.  Ideson,  47  Md.  542.  De  Atley  v.  Senior,  55  Md.  479. 
Parkhurt  v.  Citizens  Nat.  Bank,  61  Md.  254.  The  Orient  Mutual  Insur- 
ance Co.  V.  Andrews,  66  Md.  371.  Thorne  v.  Fox,  67  Md.  67.  Thillman 
V.  Shadrick,  69  Md.  528.  Gemmill  v.  Davis,  71  Md.  458.  Balto.  Pub.  Co. 
v.  Hooper,  76  Md.  165.  Laubheimer  v.  Nail,  88  Md.  174.  Singer  v. 
Fidelity  &  Deposit  Co.,  96  Md.  224.  Smith  v.  Hallwood  Cash  Reg.  Co., 
97  Md.  354.  Nicholson  v.  Snyder,  97  Md.  419.  Deved  v.  Carrington,  98 
Md.  378.  Abbott  v.  Bowers,  98  Md.  525.  Colbourn  v.  Boulton,  100  Md. 
357. 

In  connection  with  the  provisions  of  section  313,  see  further:  Wilson 
v.  Wilson,  8  Gill  192.  Cumberland  Coal  &  Iron  Co.  v.  Hoffman  Steam 
Coal  Co.,  22  Md.  499.  Warwick  v.  Chase,  23  Md.  154.  Evesson  v.  Selby, 
32  Md.  345.  The  Universal  Life  Ins.  Co.  v.  Bachiis,  51  Md.  31.  Horner 
V.  Plumley,  97  Md.  271. 

1864,  ch.  6,  sec.  9.     1886,  ch.  184.     P.  L.  L.,   (1888)   Art.  4,  sec.  169. 

1894,  ch.  184. 

314.  Wlien  any  judgment  by  default  shall  be  entered  under 
any  of  the  preceding  sections,  the  court  may  assess  the  damages 
on  proof  thereof  without  empanelling  a  jury  to  do  so,  unless 
the  defendant  shall  have  filed  a  motion  in  writing  before  the 
entry  of  such  default  for  a  jury  trial,  and  shall  have  stated  in 
such  motion  how  much  of  the  plaintiff's  demand  is  disputed, 
and  how  much  thereof,  if  any,  is  admitted  by  such  defendant 
to  be  due,  and  in  such  case  the  plaintiff  may  forthwith  have 


224 

judgment  entered  up  for  the  amount  so  admitted,  as  provided 
in   the   preceding  section. 

Mailhouse  v.  Inloes,  IS  Md.  332,  333.  Knickerbocker  Ice  Co.  v.  Hoeske, 
32  Md.  317.  Norris  v.  Wrenschall,  34  Md.  492.  Laubheimer  v.  Nail,  8S 
Md.  174.  Singer  v.  Fidelity  &  Deposit  Co.,  96  Md.  224.  Colbourn  v. 
Boulton,  100  Md.  358. 

Judgment  by  Default:  Joint  liability  after  judgment  by  default.  In 
assumpsit  against  two  or  more  persons  sued  jointly,  the  defendants  on 
inquisition,  after  judgment  by  default,  cannot  deny  their  joint  liability. 
Santa  Clara  Mining  Co.  v.  Williams,  Daily  Record,  March  8,  1894. 

1890,  ch.  433.    P.  L.  L.,  (1888)  Art.  4,  sec.  169 A. 

315.  If  the  defendant  shall  dispute  the  whole  or  any  part 
of  the  plaintiff's  demand  in  any  action  brought  under  the  pro- 
visions of  the  three  foregoing  sections,  and  upon  trial  of  the  case 
the  plaintiff  shall  recover  a  judgment  for  any  portion  of  his 
demand  so  disputed,  then  the  plaintiff  shall  be  allowed  in  addi- 
tion to  the  costs  of  the  suit,  reasonable  counsel  fees,  to  be  fixed 
by  the  court,  said  fees  not  to  be  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars. 

As  to  provisions  of  Section  315  relating  to  counsel  fees,  see,  Singer 
V.  Fidelity  and  Deposit  Co.,  96  Md.  224. 

1908,  ch.  644. 

315A.  In  all  cases  brought  under  the  provisions  of  section 
312  of  said  Article  4  of  the  Code  of  Public  Local  Laws  of  Mary- 
land, as  repealed  and  re-enacted  by  Act  of  Assembly  of  1898, 
chapter  123,  where  the  verdict  of  the  jury  or  the  court,  sitting 
as  a  jury  shall  be  for  the  defendant,  the  defendant  shall  be 
allowed,  in  addition  to  his  costs  of  suit,  reasonable  counsel  fees, 
not  to  be  less  than  twenty-five  dollars,  nor  more  than  one  hun- 
dred dollars. 

1914,  ch.  107. 

315 A.  If  judgment  be  entered  against  any  defendant  for 
failure  to  appear  and  plead,  or  failure  to  file  a  sufficient  plea, 
afiidavit  or  certificate  of  counsel,  under  the  four  preceding  sec- 
tions, the  court  in  which  such  judgment  has  been  rendered  may, 
upon  motion  filed  by  the  defendant  within  thirty  days  after 
entry  thereof,  strike  out  the  same  and  reinstate  such  case  with 
leave  to  such  defendant  to  file  pleas,  affidavit  and  certificate  of 
counsel,  or  amend  his  pleas,  affidavit  and  certificate  of  coun- 
sel already  filed,  within  not  exceeding  ten  days  thereafter, 
whenever  the  court  shall  be  of  the  opinion  that  the  interests  of 
justice  will  be  promoted  by  striking  out  such  judgment  and  so 
reinstating  such  case,  although  sufficient  grounds  for  striking 


225 

out  such  judgment  for  fraud,  deceit,  irregularity  or  such  other 
grounds  as  would  have  sufficed  before  the  enactment  of  this  sec- 
tion may  not  be  present;  provided,  however,  that  the  court 
granting  such  order  may  require  as  a  condition  thereto,  that  the 
defendant  give  bond  with  approved  security  for  the  payment 
of  any  judgment  finally  recovered  against  him  in  such  case  in 
such  penalty  as  may  be  prescribed  by  the  court,  and  that  the 
defendant  pay  the  costs  so  far  incurred  in  said  case,  or  any  other 
conditions  which  the  court  may  deem  proper;  and  if  any  de- 
fendant who  has  been  given  leave  to  file  pleas,  affidavit  or  certifi- 
cate, or  to  amend  those  already  filed,  under  this  section,  shall 
fail  to  file  a  sufficient  plea,  affidavit  or  certificate  of  counsel,  or 
to  amend  those  already  filed  so  as  to  be  sufficient  within  the  time 
so  limited,  then  the  plaintiff  shall  be  entitled  to  final  entry  of 
judgment  on  motion  therefor,  in  the  same  manner  as  for  failure 
to  file  a  sufficient  plea,  affidavit  or  certificate  within  the  time 
originally  limited  under  the  preceding  sections. 

1886,  ch.  184.     P.  L.  L.,  (1888)  Art.  4,  sec.  170. 

316.  Bills  of  exception  may  be  signed  in  any  cause  pending 
in  any  of  said  courts  at  any  time  within  thirty  days  from  the 
rendition  of  the  verdict  of  the  jury  or  the  findings  of  the  court 
upon  the  issues  of  fact  in  said  cause,  but  not  thereafter,  unless 
the  time  for  signing  said  bill  of  exception  shall  have  been  pre- 
viously extended  by  order  of  court  or  by  consent  of  parties ;  but 
nothing  herein  shall  prevent  either  party  from  requiring  the 
bills  of  exception  to  be  signed  before  verdict. 

Gottlieb  V.  Fred.  W.  Wolff  Co.,  75  Md.  126.  Preston  v.  McCann,  77 
Md.  30.  Edelhoff  v.  Horuer-Miller  Co.,  86  Md.  595-605.  Am.  Tobacco 
Co.  V.  Strickling,  88  Md.  500. 

In  relation  to  bills  of  exception  generally,  see:  Briscoe  v.  Ward,  1 
H.  &  J.  165.  Dakin  v.  Pomeroy,  9  Gill  1.  Marsh  v.  Hand,  35  Md.  123. 
Balto.  Bldg.  Ass'n  v.  Grant,  41  Md.  560.  Carey  v.  Merryman,  46  Md. 
89.  Donohue  v.  Sliadrick,  46  Md.  226.  Horn  v.  Buck,  48  Md.  358.  Rup- 
pertsburger  v.  Clark,  53  Md.  402.  Weiskittel  v.  State,  61  Md.  48.  Thomas 
V.  Ford,  63  Md.  346.  Mayor,  &c.,  Westminster  v.  Shipley,  68  Md.  610. 
Bowling  V.  Turner,  78  Md.  595.    Central  Ry.  Co.  v.  Coleman,  80  Md.  335. 

1886,  eh.  184.     P.  L.  L.,  (1888)  Art.  4,  sec.  171. 

317.  Any  action  taken  or  order  passed  by  any  of  said  courts 
in  relation  to  any  judgment  rendered  by  it,  if  taken  or  passed 
within  thirty  days  after  the  entry  of  such  judgment,  or  upon  a 
motion  or  application  made  to  it  within  said  thirty  days,  shall 
have  the  same  effect  and  force  as  it  would  have  had  under  the 
practice  heretofore  existing  in  said  court  if  taken  or  passed 
during  the  term,  or  upon  a  motion  or  application  made  during 

(9) 


226 

the  term  at  which  said  judgment  was  entered,  and  no  more ;  but 
any  such  action  taken  or  order  passed  after  the  expiration  of 
thirty  days  from  the  entry  of  any  judgment,  (unless  upon  a 
motion  or  application  made  within  that  time),  shall  have  the 
same  effect  and  force  as  it  would  have  had  under  such  previous 
practice,  if  taken  or  passed  after  the  expiration  of  said  term, 
and  no  more ;  and  the  said  courts  shall  respectively  have,  for  a 
period  of  thirty  days  after  the  doing  of  any  act  or  thing  in  any 
cause  before  them,  the  same  revisory  power  and  control  over 
such  act  or  thing  which,  under  the  practice  heretofore  existing, 
they  would  have  had  over  the  same  during  the  term  at  which  it 
was  done,  and  no  more ;  and  after  thirty  days  from  the  doing  of 
any  such  act  or  thing,  the  said  courts  shall  have  the  same  re- 
visor}^  power  and  control  thereover,  which,  under  such  previous 
practice  they  would  have  had  after  the  expiration  of  the  term  at 
which  said  act  or  thing  was  done,  and  no  more. 

Preston  v.  McCauu,  77  Md.  33.    Laubheimer  v.  Johnson,  98  Md.  685. 

1886,  ch.  184.     P.  L.  L.,  (1888)  Art.  4,  sec.  172. 

318.  In  all  cases  where  the  pre-existing  laws  direct  or  re- 
quire that  any  act  or  thing  shall  be  done  in  or  by  any  of  said 
courts  during  the  same  term  at  which  some  other  act  or  thing 
may  be  done  or  happen,  such  first  mentioned  act  or 'thing  shall 
hereafter  be  done  within  thirty  days  after  the  doing  or  happen- 
ing of  said  last  mentioned  act  or  thing. 

1867,  ch.  164.     1886,  ch.  184.     P.  L.  L.,   (1888)  Art.  4,  sec.  173. 

319.  All  appeals  from  Justices  of  the  Peace  to  the  Baltimore 
City  Court  shall  stand  for  trial  on  the  day  following  the  return 
day  to  which  the  appellee  shall  be  returned  summoned,  or  the 
second  return  day  to  which  the  summons  issued  for  the  appellee 
shall  be  returned  non  est.  But  before  the  Baltimore  City  Court 
shall  proceed  to  try  any  such  appeal,  the  court  shall  first  be 
satisfied  that  all  costs  incurred  on  the  judgment  and  proceedings 
before  the  justice  have  been  paid  by  the  appellant. 

Appeals  from  Justices  of  the  Peace.  Where  a  Justice  of  the  Peace 
refuses  to  send  papers  to  the  Baltimore  City  Court  on  appeal,  on  writ 
of  mandamus,  said  court  will  compel  him  to  do  so,  and  the  court  will 
decide  whether  an  appeal  will  lie. 

Stewart  v.  Duvall,  Daily  Record.  March  7,  1897. 
Equity  has  no  jurisdiction  over  magistrate's  appeals. 

Mankowitz  v.  Pruzan,  Daily  Record,  April  20,  1898. 

1892,  ch.  186.     P.  L.  L.,    (1888)    Art.  4,  sec.  173A. 

320.  In  all  cases  in  which  appeals  are  or  may  be  allowed  to 
the  Baltimore  City  Court  from  the  decisions  of  any  commis- 


227 

sioners,  or  other  persons  appointed  in  any  manner  to  determine 
any  benefits  or  damages  in  any  form  of  condemnation  proceed- 
ings, for  the  nse  of  the  Mayor  and  City  Council  of  Baltimore,  it 
shall  be  lawful  for  the  city  to  enter  appeals  in  the  same  manner 
and  within  the  same  time  or  times  allowed  for  their  entry  by 
other  persons ;  and  all  such  appeals  by  whomsoever  prayed 
within  the  time  or  times  limited  therefor,  shall  be  heard  and 
determined  by  the  Baltimore  City  Court  as  speedily  as  may  be, 
each  person  interested  being  secured  in  his,  her  or  its  rights  to  a 
jury  trial ;  and  in  case  there  should  be  more  than  one  appeal  in 
reference  to  the  same  piece  of  property,  they  may  all  be  heard 
together,  in  the  discretion  of  the  court,  before  one  jury;  pro- 
vided, a  sufficient  panel  of  jurors  be  furnished,  so  that  the  city 
and  the  owners  or  representatives  of  each  separate  interest  or 
estate  in  such  property  may  strike  four  names  from  such  panel ; 
the  practice,  including  the  right  of  appeal  to  the  Court  of 
Appeals  in  all  such  cases,  shall  conform  as  near  as  may  be  to  the 
practice  now  prevailing  in  said  court  in  the  trial  of  appeals  from 
the  decisions  of  the  Commissioners  for  Opening  Streets. 

1892.  ch.  634.    P.  L.  L..  (1SS8)  Art.  4,  sec.  173B. 

321.  The  Supreme  Bench  of  Baltimore  City  shall  annually 
designate  two  members  of  the  said  bench  to  sit  in  their  respective 
courts,  attended  by  their  clerks,  during  the  annual  sittings  of 
the  Registers  of  Voters,  and  also  on  the  four  Saturdays  imme- 
diately preceding  the  September  session  of  the  Registers  of 
Voters  of  the  City  of  Baltimore,  for  the  purpose  of  hearing  and 
determining  applications  for  naturalization,  and  such  applica- 
tions shall  have  precedence  over  all  other  business. 

1900.  ch.  705. 
321A.  The  Supreme  Bench  is  authorized  to  adopt  rules  and 
regulations  governing  the  subject  of  naturalization  of  aliens  in 
the  Courts  of  Baltimore  City,  and  imposing  a  uniform  scale  of 
charges  to  be  collected  from  the  persons  applying  for  naturaliza- 
tion to  defray  the  expenses  incident  to  the  operation  of  said 
rules  and  regulations. 

P.  L.  L..    (1S8,S)   Art.  4,  sec.  173A.     1894,  ch.  392. 

322.  Wlienever  the  record  of  proceedings  in  any  suit,  action 
or  issue  pending  in  one  of  the  courts  of  common  law  in  the  City 
of  Baltimore  .shall  bo  directed  to  be  transmitted  for  trial  to  some 
other  such  court  of  the  said  city,  in  accordance  witli  Article  4, 
section  8,  of  the  Constitution,  it  .shall  be  the  duty  of  the  clerk  of 
the   court   from   whicli    tlic   said   record   of   proceedings   is   so 


228 

directed  to  be  removed,  to  immediately  deliver  to  the  clerk  of 
the  court  to  which  the  same  is  so  directed  to  be  removed,  all  the 
original  papers  in  the  said  cause,  together  with  a  certified  copy 
of  all  docket  entries  relating  to  the  same,  which  original  papers 
and  copy  of  docket  entries  shall  constitute  such  record  of  pro- 
ceedings for  the  purposes  of  such  trial ;  and  it  shall  thereupon 
become  the  duty  of  the  judge  of  the  court  to  which  the  said  suit, 
action  or  issue  shall  be  removed  immediately  by  special  order 
to  assign  the  same  for  trial  to  such  day,  or  in  sequence  to  such 
other  causes,  as  he  shall  consider  just  and  proper. 

Weiskittel  v.  State,  58  Md.  155.     De  Murgiondo  v.  Frazier,  63  Md,  94. 

CIRCUIT  COURT   OF  BALTIMORE   CITY. 

p.  G.  L.,    (1860)  Art.  29,  sec.  58.     P.  L.  L.,   (1888)  Art.  4,  sec.  174. 

323.  Whenever  in  any  case  instituted  in  the  Circuit  Court  a 
jury  is  asked  for  and  allowed,  or  is  desired  by  the  Judge  thereof, 
the  Judge  shall  issue  an  order  to  the  Sheriff  of  Baltimore  City, 
requiring  him  to  summon  twenty  jurors  to  attend  the  court, 
when  proceedings  shall  be  had  in  such  cases  as  is  usual  in  like 
cases  in  equity. 

As  to  jurisdiction  of  this  Court,  see,  Bartli  v.  Rosenfeld,  36  Md.  604, 
and  Orriclj  v.  Boelime,  49  Md.  72. 

Commissions  of  Trustees.  Rule  of  tlie  Circuit  Courts  of  Baltimore 
City  as  to  commissions  to  trustees  for  mailing  investments  of  trust 
funds  pending  litigation  and  general  management  of  trust  funds,  con- 
strued, in  re  Trust  Estate  Hiss,  Daily  Record,  March  IS,  1891. 

Costs  in  Equity.  The  stenographer's  per  diem  and  one  copy  of  testi- 
mony are  taxable  as  costs  in  equity  vmder  the  35th  equity  rule.  Beecher 
V.  Baltimore  Sterling  Silver  Co.,  Daily  Record,  January  11,  1896. 

Striking  out  Decrees.  The  striking  out  of  a  decree  before  enrollment 
is  subject  to  the  control  of  the  Court  during  the  term  at  which  a  decree 
is  passed ;  during  such  term  a  decree  is  subject  to  the  control  of  the 
Court  and  liable,  upon  proper  grounds  shown  by  petition,  to  be  altered 
or  reversed.  Whitelock  v.  Bank  of  Commerce,  Daily  Record,  May  15, 
1897. 

As  to  non-jury  trials  and  removals  of  cases  from  one  court  in  Balti- 
more City  to  another,  see,  Chappell  Chemical  etc.  Co.  v.  Sulphur  Co.,  85 
Md.  684. 

1874,  ch.  312.     P.  L.  L.,   (1888)  Art.  4,  sec.  175.     1888,  ch.  194. 

324.  The  Judge  of  the  Circuit  Court  is  not  required  to  file 
opinions  for  or  in  respect  of  any  final  decree  or  decretal  order, 
whenever  such  decree  or  order  shall  have  passed  upon  argu- 
ment, oral  or  in  writing,  on  the  part  of  any  of  the  parties  to  a 
cause.  This  section  shall  apply  also  to  the  Judge  of  the  Circuit 
Court  I^umber  Two  of  Baltimore  City. 


229 

CIKCUIT   COUET   I^UMBER   TWO   OF  BALTIMORE 

CITY. 

1888,  ch.  194.     P.  L.  L.,  (1888)  Art.  4,  sec.  176. 

325.  Another  court  is  established  in  and  for  the  City  of 
Baltimore,  to  be  styled  the  Circuit  Court  JSTumber  Two  of  Balti- 
more City.  The  powers  and  jurisdiction  of  said  court  shall  be 
concurrent  with  those  now  held  and  exercised  by  the  Circuit 
Court  of  Baltimore  City,  and  both  of  said  courts  shall  have  the 
same  terms  and  return  days ;  subject,  however,  to  such  rules 
and  regulations  for  a  proper  distribution  and  apportionment  of 
business  between  them  as  the  Supreme  Bench  of  Baltimore 
City  shall  from  time  to  time  prescribe. 

Ridgely  v.   Ridgely,  79  Md.  208. 

1888,  ch.  194.    P.  L.  L.,   (1888)  Art.  4,  sec.  177. 

326.  There  shall  be  elected  another  Judge  of  the  Supreme 

Bench  of  Baltimore  City,  by  the  legal  and  qualified  voters  of 

said  city  at  the  election  to  be  held  in  said  city  on  the  Tuesday 

next  after  the  first  Monday  of  ISTovember,  eighteen  hundred  and 

eighty-eight;  the  said  Judge,  when  elected,  to  be  subject  to  all 

the  provisions   of   the   Constitution   relating  to  the    Supreme 

Bench  in  Baltimore  City  and  the  several  judges  thereof. 

For  Legislative  authority  providing  for  the  election  of  additional 
judges  authorized  by  the  Constitution,  see,  Act  1894,  ch.  284  and  Act 
1896,  ch.  95.     And  see  also,  Act  1906,  ch.  234, 

1888,  ch.  194.    P.  L.  L.,  (1888)  Art.  4,  sec.  178. 

327.  There  shall  be  elected  at  the  same  election  by  the  legal 
and  qualified  voters  of  Baltimore  City,  a  clerk  for  said  Circuit 
Court  JSTumber  Two  of  Baltimore  City,  who  shall  be  subject  to 
all  the  provisions  of  the  Constitution  relating  to  the  Clerk  of  the 
Circuit  Court  of  Baltimore  City. 

327A.     Repealed  by  Act  of  1908,  ch.  460. 

CRIMIN"AL  COURT  OF  BALTIMORE. 

p.  L.  L.,   (1860)  Art.  4,  sec.  175.     P.  L.  L.,    (1888)  Art.  4,  sec.  179. 

328.  The  Criminal  Court  of  Baltimore  shall  hold  three 
regular  sessions  yearly,  to  commence  on  the  second  Monday  of 
January,  second  Monday  of  IMay,  and  second  l\r()iiday  of  Sep- 
tember; and  such  sessions  shall  continue  until  all  the  business 
before  it  shall  be  finished. 

In  relation  to  the  assignment  of  judges  of  the  Criminal  Court  to  sit 


230 

separately  with  a  separate  jury  for  the  trial  of  cases,  see  Jackson  v. 
State,  87  Md.  191. 

P.  L.  L.,   (18G0)  Art.  4,  sec.  176.     P.  L.  L.,   (1888)  Art.  4,  sec.  180. 

329.  At  special  sessions  of  said  court,  all  cases  may  be  tried 
and  disposed  of  as  at  the  regular  terms  thereof. 

P.  G.  L.,   (1860)  Art.  29,  sec.  59.     P.  L.  L.,    (1888)   Art.  4,  sec.  181. 

330.  The  Criminal  Court  of  Baltimore  shall  have  jurisdic- 
tion in  all  cases  of  felony,  and  other  crimes,  offenses  and  misde- 
meanors within  the  City  of  Baltimore. 

1864,  ch.  50.     p.  L.  L.,   (1888)  Art.  4,  sec.  182. 

331.  Any  person  convicted  in  the  Criminal  Court  of  Balti- 
more of  larceny  committed  in  Baltimore  City  to  an  amount 
under  five  dollars,  may  in  the  discretion  of  the  judge  of  the  said 
court,  be  sentenced  to  hard  labor  in  the  jail  of  Baltimore  City 
for  not  less  than  six  months  nor  more  than  two  years,  instead 
of  the  penitentiary. 

p.  G.  L.,    (I860)   Art.  29,  sec.  62.     P.  L.  L.,   (1860)   Art.  4,  sec.  177. 
p.  L.  L.,    (1888)   Art.  4,  sec.  183. 

332.  All  commitments  and  recognizances  for  all  felonies, 
crimes,  offenses  and  misdemeanors  committed  within  said  city, 
shall  be  returned  from  time  to  time  by  any  Justice  of  tiie  Peace 
taking  the  same  before  said  court,  and  shall  be  lodged  witli  the 
clerk  of  said  court  on  the  day  next  preceding  the  day  appointed 
for  holding  the  said  court. 

Commitments.  As  to  defective  commitments,  see,  in  re  Flanigan, 
Daily  Record,  December  19,  1904,  and  iu  re  Livingstone,  Daily  Record, 
December  30,  1889;  also,  Cornish  v.  Warden  City  Jail,  Daily  Record, 
December  20,  1892.  As  to  commitments  generally,  see  Adams  v.  Supt. 
Maryland  House  of  Refuge,  Daily  Record,  December  3,  1903. 

P.  L.  L.,   (1860)   Art.  4,  sec.  184.     P.  L.  L.,   (1888)   Art.  4,  sec.  189. 

333.  It  shall  be  the  duty  of  the  Sheriff  to  make  return  of 
each  capias  upon  presentment  or  indictment  from  said  court 
within  live  days  after  the  same  is  delivered  to  him  by  the  clerk ; 
and  if  said  capias  is  returned  non  est,  the  clerk  shall,  in  the  dis- 
cretion of  the  State's  Attorney  of  Baltimore  City,  order  said 
capias  to  be  re-issued,  and  the  same  capias  shall  again  be  deliv- 
ered to  the  Sheriff" ;  and  the  date  of  the  first  return  thereof  shall 
be  endorsed  thereon ;  and  the  second  return  shall  be  made  within 
the  time  above  specified ;  and  in  case  the  said  capias  is  returned 
the  second  time  non  est,  the  same  shall  be  again  so  endorsed  and 
delivered  to  the  Sheriff, 


231 

p.  L.  L.,   (1860)   Art.  4,  see.  185.     P.  L.  L.,   (1888)   Art.  4,  sec.  190. 

334.  The  clerk  of  said  court  and  the  Sheriff  of  said  city  shall 
be  allowed  only  the  fees  for  the  issue  of  one  capias,  or  for  tlie 
service  of  one  capias  in  each  term,  however  often  the  same  may 
be  issued  or  returned. 

P.  L.  L.,   (I860)   Art.  4,  sec.  186.     P.  L.  L.,   (1888)   Art.  4,  sec.  101. 

335.  All  subpoenas  for  witnesses  from  said  court  shall  Ije 
returned  by  the  Sheriff  within  six  days  after  the  same  are  issued 
by  the  clerk,  or  within  six  days  after  the  day  of  the  renewal  of 
such  subpoenas,  unless  the  same  are  ordered  to  be  returned  imme- 
diately, in  which  case  they  shall  be  so  returned,  if  practicable. 

P.  L.  L..   (1860)   Art.  4.  sec.  187.     P.  L.  L.,   (1888)   Art.  4.  sec.  192. 

336.  The  said  Sheriff  shall  be  allowed  for  the  service  of  one 
suhpwtuL  only,  against  any  witness  that  may  be  returned  nan  est, 
and  for  whom  the  said  subpoena  may  be  renewed,  whether  once 
or  oftener  in  one  term. 

P.  L.  L..   (I860)   Art.  4,  sec.  188.     P.  L.  L.,   (1888)   Art.  4,  sec.  193. 

337.  The  clerk  of  said  court,  if  a  subpoena  is  renewed  by 
order  of  the  State's  Attorney,  or  by  the  counsel  of  the  prisoner 
or  traverser,  shall  endorse  the  renewal,  on  the  subpa'na,  and  tlie 
same  shall  have  all  the  legal  effect  of  a  new  subpoena  issued  in 
the  term  of  said  court  during  which  said  subpoena  was  tirst 
issued. 

P.  L.  L.,   (1860)  Art.  4.  sec.  189.     P.  L.  L.,   (1888)   Art.  4,  sec.  194. 

338.  The  Sheriff"  of  said  city  shall  be  subject  to  a  penalty  of 
five  dollars  in  each  case  in  which  returns  are  not  made  witb.iii 
the  time  prescribed  in  this  sub-division  of  this  Article. 

1890,  ch.  250.     P.  L.  L.,    (1888)   Art.  4,  sec.  194A. 

339.  Witnesses  appearing  before  the  Grand  Jury  shall  be 
sworn  in  the  presence  of  the  Grand  Jury  by  the  foreman  or  by 
some  other  member  appointed  by  the  foreman  for  that  purpose. 

P.  G.  L.,   (1860)  Art.  29,  sec.  64.     P.  L.  L.,   (1888)   Art.  4,  sec.  196. 

340.  In  all  cases  of  misdemeanor  which  may  be  prosecuted 
in  said  court  at  the  instance  of  any  person,  if  the  party  so 
prosecuted  shall  be  acquitted,  all  the  legal  costs  and  expenses 
attending  the  prosecution  shall  be  paid  by  the  person  at  wliose 
instance  such  prosecution  was  commenced,  unless  the  couii; 
shall  certify  that  there  was  probable  cause  for  the  prosecution. 


232 

p.  G.  L.,   (1S60)  Art.  29,  sec.  65.     P.  L.  L.,   (1888)   Art.  4,  sec.  197. 

341.  The  same  process  may  be  issued  for  the  recovery  of  the 
costs  and  expenses  of  such  prosecution  against  the  person  who 
may  become  liable  therefor  under  the  last  preceding  section,  as 
could  be  issued  against  the  party  prosecuted,  if  he  had  been 
convicted. 

1886,  ch.  46.     p.  L.  L.,   (1888)   Art.  4,  sec.  198. 

342.  The  Mayor  and  City  Council  of  Baltimore  shall  not  be 
liable  in  any  criminal  cases  tried  in  the  Criminal  Court  of 
Baltimore  for  the  appearance  fees  allowed  by  law  to  the  attorney 
of  the  traverser. 

P.  G.  L.,   (ISGO)   Art.  29,  sec.  66.     P.  L.  L.,   (1888)   Art.  4,  sec.  199. 

343.  Whenever  the  Grand  Jury  shall  find  any  presentment 
against  any  person  for  misdemeanor  they  shall  endorse  on  the 
presentment  the  name  of  the  person  at  whose  instance  such  pre- 
sentment is  made,  who  shall  be  deemed  and  taken  to  be  the  per- 
son at  whose  instance  such  prosecution  was  commenced. 

P.  G.  L.,   (1860)  Art.  29,  sec.  67.     P.  L.  L.,   (1888)   Art.  4,  sec.  200. 

344.  If  any  security  in  any  recognizance  shall  request  to 
deliver  up  the  principal,  said  court,  or  the  judge  thereof  in  the 
recess,  may  accept  such  surrender,  and  may  require  and  take 
other  recognizance,  or  commit  the  principal  to  jail  until  he  gives 
such  security  as  the  law  requires. 

P.  G.  L.,   (1860)   Art.  29,  sec.  68.     P.  L.  L.,   (1888)   Art.  4,  sec.  201. 

345.  If  any  person  convicted  in  said  court  shall  have  a  child 
or  children  under  the  age  of  twenty-one  years,  and  shall  not  have 
property  sufficient  to  maintain  such  child  or  children,  the  said 
court  may  bind  such  child  or  children  to  any  trade  or  handi- 
craft ;  females  until  the  age  of  sixteen,  and  males  to  the  age  of 
twenty-one  years. 

P.  G.  L.,   (I860)   Art.  29,  sec.  69.     P.  L.  L.,   (1888)   Art.  4,  sec.  202. 

346.  If  any  person  who  shall  be  summoned  as  a  witness  to 
said  court  shall  fail  to  attend  as  required  in  said  summons,  he 
shall  be  fined  by  said  court  in  its  discretion,  not  exceeding  one 
hundred  and  fifty  dollars. 

P.  G.  L.,   (I860)  Art.  29,  sec.  70.     P.  L.  L.,   (1860)   Art.  4,  sec.  132. 
P.  L.  L.,   (1888)  Art.  4,  sec.  203. 

347.  In  all  criminal  cases  in  the  said  court  in  which  bail 


233 

shall  be  forfeited,  the  person  who  shall  have  entered  into  such 
recognizance  for  the  appearance  of  any  traverser  or  prisoner 
shall  be  liable  forthwith  to  an  attachment  for  contempt  for  the 
non-appearance  of  said  party,  which  attachment  shall  be  issued 
by  the  court  in  which  an  indictment  against  said  traverser  or 
prisoner  is  pending,  at  the  instance  of  the  attorney  prosecuting 
therein. 

P.  G.  L.,   (1860)  Art.  29,  sec.  71.     P.  L.  L.,   (1860)   Art.  4,  sec.  133. 
P.  L.  L.,   (1888)  Art.  4,  sec.  204. 

348.  In  all  cases  in  which  bail  as  aforesaid  is  forfeited,  the 
court  may,  on  the  return  of  said  attachment,  order  the  person 
attached  to  stand  committed  until  the  amount  of  said  recogni- 
zance is  fully  paid  and  satisfied,  or  may  order  said  person  to  be 
discharged  upon  the  payment  of  such  lesser  sum  as  it  shall,  in 
its  discretion,  deem  proper ;  provided,  such  sum  be  not  less  than 
the  amount  of  the  costs  which  may  have  accrued  in  the  case  up 
to  the  time  of  passing  such  order. 

See  note  page  207,  City  Code   (1879). 

1865,  eh.  187.     P.  L.  L.,  (1888)  Art.  4,  sec.  205. 

349.  In  all  criminal  cases  removed  from  the  Circuit  Court 

for  Baltimore  County  to  the  Criminal  Court  of  Baltimore  and 

tried,  the  Judge  of  the  Criminal  Court  may  allow  to  the  State's 

Attorney  for  Baltimore  City  in  addition  to  the  sum  now  allowed 

by  law,  a  compensation  not  exceeding  forty  dollars  in  any  one 

case,  to  be  paid  by  Baltimore  County  to  the  City  Register,  for 

the  benefit  of  the  State's  Attorney. 

As  to  costs  and  counsel  fees  In  removed  cases  see:  Mayor,  etc.  v.  Co. 
Commrs.,  Balto.  Co.,  19  Md.  554.  Co.  Commrs.,  How.  Co.  v.  Co.  Commrs., 
Fred.  Co.,  30  Md.  432.  M.  &  C.  C.  of  Balto.  v.  Co.  Commrs.,  How.  Co., 
61  Md.  326.    Cf.,  note  to  Wright  v.  Hanmer,  5  Md.  370. 

P.  G.  L.,    (1860)   Art.  29.  sec.  7.     P.  L.  L.,   (1888)   Art.  4,  sec.  206. 

350.  The  Criminal  Court  of  Baltimore  may  appoint  assist- 
ant counsel  for  the  State  to  aid  in  the  trial  of  criminal  or  other 
State  cases  in  said  court  whenever  in  the  judgment  of  the  court 
the  public  interest  requires  it. 

P.  G.  L.,    (1800)   Art.  29,  sec.  8.     P.  L.  L.,    (1888)   Art.  4,  sec.  207. 

351.  The  Mayor  and  City  Council  of  Baltimore  shall  levy 
and  pay  such  sum  as  in  their  judgment  will  be  an  adequate 
compensation  for  the  services  rendered  by  such  assistant  coun- 
sel; provided,  the  sum  levied  and  paid  in  any  single  case  shall 
not  exceed  one  hundred  dollars. 


234 
ORPHANS'  COURT. 

1865,  ch.  IW).     P.  I..  L.,    (1888)    Art.  4,  sec.  208.     1898,  ch.  256. 

1900,  ch.  182. 

352.  The  Judges  of  the  Orphans'  Court  of  Baltimore  City 
shall  receive  nine  dollars  for  every  day's  attendance  upon  the 
sessions  of  said  Court,  to  be  paid  by  the  City  of  Baltimore 
monthly,  and  the  sessions  of  said  Court  shall  continue  from  11 
A.  M.  until  3  P.  M.,  if  necessary  for  the  transaction  of  business 
of  the  Court. 

1868.  ch.  20.     P.  L.  L..    (18S8)    Art.  4,  sec.  209.     1900,  ch.  182. 

353.  The  Bailiff  of  said  Orphans'  Court  shall  receive  five 
dollars  a  day  for  each  day's  attendance  upon  said  Court. 

1912,  ch.  167. 
353A.  Every  executor  or  administrator  within  ninety  days 
after  the  grant  of  letters,  shall  pay,  out  of  the  lirst  moneys  re- 
ceived by  him,  after  the  first  cost  of  letters  of  administration, 
and  after  all  taxes  due  from  his  decedent  shall  have  been  paid 
or  determined,  the  funeral  expenses  of  his  decedent,  to  be 
allowed  in  the  discretion  of  the  Orphans'  Court  according  to  the 
condition  and  circumstances  of  the  deceased,  in  no  event  to 
exceed  $300.00,  and  the  same  shall  be  preferred  to  all  debts 
and  claims  against  the  deceased,  except  for  taxes  due  and  in 
arrear  from  the  decedent.  If  the  said  funeral  expenses  be  not 
paid  within  ninety  days  after  the  grant  of  letters  testamentary 
or  of  administration,  the  person  or  corporation  having  a  claim 
for  such  funeral  expenses  may  present  to  the  Orphans'  Court  a 
petition  verified  by  oath  praying  that  the  executor  or  adminis- 
trator may  be  cited  to  show  cause  why  he  should  not  be  required 
to  make  such  payment,  and  a  citation  shall  be  issued  accord- 
ingly. If  upon  the  return  of  said  citation  it  shall  appear  that 
the  executor  or  administrator  has  received  moneys  belonging  to 
the  estate,  which  are  applicable  to  the  payment  of  the  claims  for 
funeral  expenses,  the  Orphans'  Court  shall,  unless  the  validity 
of  the  claim  admitted  by  such  executor  or  administrator,  take 
proof  as  to  the  amount  and  validity  of  the  claim,  and  if  satisfied 
that  such  claim  is  valid,  shall  fix  and  determine  the  amount  due 
thereon,  and  sliall  make  an  order  directing  the  payment  within 
ten  days  after  the  date  of  such  order  and  service  of  a  copy 
thereof  upon  such  executor  or  administrator  of  such  claim  or 
such  proportion  thereof  as  the  money  in  the  hands  of  the 
executor  or  administrator  applicable  thereto  may  be  sufiicient  to 
satisfy.     If  it  shall  appear  that  no  money  has  come  into  the 


235 

hands  of  the  executor  or  administrator,  the  proceeding  shall  be 
dismissed  without  costs  in  the  discretion  of  the  Court  and  with- 
out prejudice  to  a  further  application  or  applications  showing 
that  since  such  dismissal  the  executor  or  administrator  has  re- 
ceived money  belonging  to  the  estate.  Such  application  shall  Ije 
made  upon  a  petition  verified  by  oath  stating  the  facts  iipon 
which  the  belief  of  the  petitioner,  that  there  are  moneys  in  the 
hands  of  such  executor  or  administrator  applicable  to  the  pay- 
ment of  his  claim,  is  based.  Upon  such  further  application  the 
issuance  of  the  citation  shall  be  in  the  discretion  of  the  Orphans' 
Court,  and  no  such  application  shall  be  made  less  than  three 
months  after  the  denial  of  any  previous  application.  If  upon 
any  accounting  it  shall  appear  that  an  executor  or  administra- 
tor has  failed  to  pay  a  claim  for  funeral  expenses,  the  amount  of 
which  has  been  fixed  and  determined  by  the  Orphans'  Court  as 
above  set  forth  or  upon  such  accounting  he  shall  not  be  allowed 
for  the  payment  of  any  debt  or  claim  against  the  decedent  until 
said  claim  for  funeral  expenses  has  been  discharged  in  full : 
and  upon  failure  of  any  executor  or  administrator  to  pay  any 
claim  for  funeral  expenses,  after  an  order  so  to  do,  he  may,  upon 
application,  be  removed. 

EEGISTEE  OF  WILLS. 

p.  L.  L.,   (1S60)   Art.  4.  sec.  824.     P.  L.  L.,   (1888)   Art.  4,  sec.  210. 

354.  The  Register  of  Wills  of  Baltimore  City,  upon  his 
election  or  appointment,  and  at  and  before  the  expiration  of 
every  two  years  thereafter,  shall  give  bond  to  the  State  of 
Maryland  in  the  sum  of  thirty  thousand  dollars,  conditioned  for 
the  faithful  performance  of  all  the  duties  now  or  which  may 
hereafter  be  required  of  him  by  law,  with  securities,  the  sufii- 
ciency  of  which  shall  be  certified  by  the  Judges  of  the  Orphans' 
Court  for  said  city,  the  same  to  be  approved  by  the  Comptroller 
of  the  State,  and  when  approved,  to  be  filed  in  his  office. 
As  to  commissions,  see,  Banlis  v.  State,  60  Md.  305. 

1908,  cli.  118. 

354A.  The  Register  of  Wills  of  Baltimore  City  shall  imme- 
diately after  the  enactment  of  this  bill  into  law  appoint  two 
general  appraisers,  to  appraise  the  goods,  chattels  and  personal 
estate  of  all  estates  under  administi-ation  in  the  Orphans'  Court 
of  Baltimore  City,  who  shall  serve  the  entire  term  of  the  present 
Regi.ster  of  Wills,  unless  their  places  shall  become  vacant  by 
removal  from  cause,  death,  resignation  or  otherwise ;  and  there- 
after when  any  other  Register  shall  be  elected  or  appointed,  he 


236 

shall  in  like  manner  appoint  four  appraisers  for  his  full  term  of 
office.  The  said  appraisers  shall  appraise  the  goods,  chattels  and 
personal  estates  of  all  decedents  under  administration  in  the 
Orphans'  Court  of  Baltimore  City ;  and  shall  in  each  case  make 
the  charges  therefor  now  allowed  by  law  and  certify  the  same  to 
the  Kegister  of  Wills;  they  shall  receive  an  annual  salary  of 
sixteen  hundred  dollars  each,  to  be  paid  by  said  Register  out  of 
the  fees  of  the  office  returned  by  said  appraisers.  The  said 
Register  shall  keep  an  accurate  account  of  all  moneys  received 
for  such  appraisements,  and  shall  account  for  and  pay  the  same 
except  the  amount  required  to  pay  the  salaries  of  said  ap- 
praisers into  the  State  Treasury,  as  he  is  now  required  by  law 
to  account  for  and  pay  other  moneys  for  which  he  is  account- 
able to  the  State. 

r.  L.  L.,   (I860)   Art.  4,  sec.  825.     P.  L.  L.,   (1888)   Art.  4,  sec.  211. 

355.  When  said  bond  is  inspected  by  the  judges  of  said 
court,  and  is  deemed  good  and  sufficient,  and  is  so  certified,  the 
same  shall  be  forthwith  entered  among  the  proceedings  of  said 
court,  and  sent  to  the  Comptroller  for  his  approval;  and  when 
said  bond  shall  be  approved  by  the  Comptroller,  he  shall  forth- 
with make  a  certificate  of  the  fact  of  such  approval,  and  send 
the  said  certificate  to  the  Judges  of  said  Orphans'  Court,  and 
the  same  shall  be  entered  among  the  proceedings  of  the  court. 

P.  L.  L.,   (18G0)   Art.  4,  sec.  826.     P.  L.  L.,   (1888)  Art.  4,  sec.  212. 

356.  A  refusal  or  neglect  on  the  part  of  said  Register  to  give 
bond,  to  be  approved  and  recorded  as  aforesaid,  within  the  time 
prescribed,  shall  be  deemed  a  disqualification  within  the  mean- 
ing of  the  Constitution,  and  thereupon  his  place  shall  be  filled 
according  to  the  provisions  of  the  25th  and  41st  sections  of  the 
4th  Article  of  the  Constitution,  and  subject  to  the  term  and 
service  therein  prescribed. 

CLERKS  OF  THE  LAW  COURTS  OF  BALTIMORE 

CITY. 

p.  G.  L.,    (1860)   Art.  18,  sees.  66,  71.     1867,  ch.  401.     P.  L.  L.,    (1888) 

Art.  4,  sec.  213. 

357.  The  Clerk  of  the  Superior  Court  of  Baltimore  City 
shall  give  bond  to  the  State  of  Maryland  in  the  sum  of  thirty 
thousand  dollars ;  the  Clerk  of  the  Court  of  Common  Pleas  in 
the  sum  of  fifty  thousand  dollars,  and  the  Clerk  of  the  Baltimore 
City  Court  in  the  sum  of  twenty  thousand  dollars,  each  of  said 
bonds  conditioned  for  the  faithful  performance  of  all  the  duties 


237 

now  required  of  each  of  said  clerks  by  law,  with  sufficient 
securities;  the  sufficiency  of  which  securities  shall  be  certified 
to  by  the  Judge  of  each  of  said  courts,  and  approved  by  the 
Comptroller  of  the  State  as  herein  directed. 

Vansant  v.  State,  96  Md.  110.    Amer.  Bondiug  Co.  v.  Mechanics  Bank, 
97  Md.  604. 

Bond  of  Clerk  of  Court  is  liable  for  salaries  of  his  deputies.     State 
use  of  Smith  v.  Turner,  101  Md.  584. 

Powers  of  Clerks  of  Law  Courts  of  Baltimore  City.  Sections  11  and 
15  of  Article  IV  of  the  Constitution  of  1851  confer  the  powers  of  the- 
Clerk  of  the  Baltimore  County  Court  on  the  Clerks  of  the  Court  of 
Common  Pleas  and  the  Superior  Court;  all  doubts  on  this  point  are 
removed  by  Acts  of  1886,  ch.  154  and  1884,  ch.  233.  B.  &  O.  R.  R.  Co. 
V.  Smith,  Daily  Record,  March  27,  1890. 

P.  G.  L.,   (1860)  Art.  IS,  sec.  67.     P.  L.  L.,   (1888)   Art.  4,  sec.  214. 

358.  When  the  sufficiency  of  the  securities  in  each  of  said 
bonds  is  certified  to  by  the  judges  of  the  several  courts,  the  bonds 
shall  be  immediately  recorded  among  the  proceedings  of  the 
court  to  which  the  said  clerk  belongs,  and  then  sent  to  the  Comp- 
troller for  his  approval ;  and  if  the  Comptroller  shall  approve 
said  bonds  and  securities  he  shall  certify  the  same  to  the  judges 
of  said  several  courts,  and  such  certificates  shall  be  recorded  in 
such  respective  courts. 

P.  G.  L.,   (1860)   Art.  IS,  sec.  68.     P.  L.  L.,   (1888)  Art.  4,  sec.  215. 

359.  Each  of  said  clerks  shall  every  second  year  renew  his 
said  bond  in  the  same  penalty,  and  with  securities  to  be  certified 
and  approved  as  hereinbefore  directed. 

P.  G.  L.,    (I860)   Art.  18,  sec.  69.     P.  L.  L.,   (1888)  Art.  4,  sec.  216. 

360.  If  any  one  of  the  clerks  of  said  courts  shall  fail  to  give 
bond  as  hereinbefore  directed,  within  thirty  days  after  he  has 
received  his  commission,  or  shall  fail  to  give  a  new  bond  within 
thirty  days  after  the  expiration  of  two  years  from  the  date  of 
the  bond  previously  given,  it  shall  be  regarded  as  a  misdemeanor 
in  office,  and  upon  conviction  thereof  he  shall  be  removed. 

Dowling  V.  Smith,  9  Md.  242. 
.S'ee  note  to  sec.  54,  Art.  XIV,  page  210,  Baltimore  City  Local  Code 
(1879). 

P.  G.  L.,   (1860)   Art.  18,  sec.  70.     P.  L.  L.,   (1888)   Art.  4,  sec.  217. 

361.  No  deputy  or  assistant  of  a  clerk  sliall  become  a  surety 
oil  liis  official  bond. 


238 

1864,  ch.  74.     1864,  ch.  385.     P.  L.  L.,   (1888)  Art.  4,  sec.  218. 

362.  The  Clerks  of  the  Superior  Court  of  Baltimore  City, 
of  the  Common  Pleas,  and  Baltimore  City  Court  are  each 
authorized  and  required  to  prepare  an  index  of  all  judgments 
rendered  in  the  courts  aforesaid;  and  they  shall  severally,  on 
each  day  after  the  adjournment  of  court,  enter  in  a  book  to  be 
provided  for  that  purpose,  an  index  of  each  judgment  rendered 
in  the  court  whereof  he  is  clerk ;  and  they  are  authorized  sever- 
ally to  charge  and  receive  ten  cents  for  each  judgment  indexed 
as  aforesaid ;  said  fee  to  be  taxed  in  the  bill  of  costs  of  each  case 
in  which  judgment  is  entered — to  be  collected  as  other  fees  are 
now  collected. 

P.  a.  L.,   (1860)   Art.  18,  sec.  73.     P.  L.  L..   (1888)   Art.  4,  sec.  218. 

363.  All  the  provisions  of  sections  61-66  inclusive  of  Article 
17  of  the  Code  of  Public  General  Laws,  title  ''Clerks  of  Courts," 
sub-title  ''Clerks  of  the  Circuit  Courts,"  relating'  to  the  obtain- 
ing of  blank  licenses,  granting  the  same  and  returning  an 
account  thereof  to  the  Comptroller  by  the  clerks  of  the  circuit 
courts  for  the  counties,  shall  apply  to  the  Clerk  of  the  Court  of 
Common  PleaSj  and  it  shall  be  his  duty  to  comply  with  such 
provisions. 

1800.  ch.  630.     P.  L.  L.,  (1888)  Art.  4,  sec.  218A.     1896,  ch.  435. 

364.  The  Clerk  of  the  Superior  Court  of  Baltimore  City  is 
authorized  and  empowered  to  have  fair  and  legible  copies  made 
of  such  land  record  books  in  his  custody  of  the  classes  and  de- 
scription hereinafter  named,  as  have  become  worn,  mutilated 
or  illegible,  that  is  to  say,  lifty-six  volumes  of  the  said  land 
record  books,  of  a  date  prior  to  the  year  eighteen  hundred ;  five 
volumes  of  the  series  of  land  record  books  known  as  ''W.  G." 
and  eight  volumes  of  the  said  land  record  books,  of  the  series 
kno\\Ti  as  "E.  D." 

1898,  ch.  146. 
364a.  It  shall  be  the  duty  of  the  Clerk  of  the  Superior  Court 
of  Baltimore  City,  as  soon  as  practicable  after  the  passage  of 
this  Act,  to  make  and  prepare  for  use  in  his  office  new  indexes 
of  all  land  records  and  conveyances  in  his  keeping  between  the 
years  1864  and  1886,  and  rearrange  them  in  accordance  with 
the  modern  system,  as  now  used  in  his  office  for  the  current 
work. 

1902,  ch.  189. 
3641).     The  Clerk  of  the  Superior  Court  of  Baltimore  City  is 


239 

hereby  authorized  to  prepare  a  set  of  indexes,  upon  the  block 
system,  or  general  index  plan,  now  in  use  in  his  office,  as  may 
appear  to  be  most  practicable,  for  the  land  records  covering  the 
period  between  the  years  1851  and  1888. 

1890,  ch.  630.     P.  L.  L.,   (1888)  Art.  4,  sec.  218B. 

365.  A  copy  made  in  pursuance  of  the  provisions  of  the  pre- 
ceding sections,  and  compared  and  certified  under  oath  by  the 
said  Clerk  of  the  Superior  Court  of  Baltimore  City,  to  be  a 
true  copy,  shall  have  the  same  force  and  effect  when  deposited 
among  the  said  land  records  of  said  city,  as  if  it  were  an  original 
record. 

1890,  ch.  630.     P.  L.  L.,    (1888)    Art.  4.  sec.  218C. 

366.  After  the  aforesaid  copies  shall  have  been  duly  made  as 
above  provided,  the  original  land  record  books  so  replaced  shall 
be  removed  to  some  place  of  safe  keeping  by  the  said  Clerk  of 
the  Superior  Court  of  Baltimore  City,  and  carefully  preserved, 
and  only  exliibited  or  allowed  to  be  inspected  upon  an  order  of 
court,  or  in  the  discretion  of  the  said  Clerk  of  the  Superior 
Court  of  Baltimore  City. 

CLERK  OF  THE  CRIMINAL  COURT  OF  BALTIMORE. 

p.  G.  L.,   (1860)   Art.  18,  sec.  74.     P.  L.  L.,   (1888)   Art.  4,  sec.  219. 

367.  The  Clerk  of  the  Criminal  Court  of  Baltimore  shall 
give  bond  to  the  State  of  Maryland  in  the  penalty  of  fourteen 
thousand  dollars,  with  sufficient  securitv,  to  be  approved  by  the 
Judge  of  said  court ;  and  conditioned  for  the  faithful  perform- 
ance of  all  the  duties  now  required,  or  which  may  hereafter  be 
required  of  him  by  law,  and  to  be  recorded  in  the  office  of  said 
clerk. 

P.  G.  L.,   (1860)  Art.  18,  sec.  75.     P.  L.  L.,    (1888)   Art.  4,  sec.  220. 

368.  The  said  clerk  shall  renew  said  bond  at  the  same  time 
and  under  the  same  penalty  as  are  prescribed  for  the  clerks  of 
the  Circuit  Courts. 

CLERK  OF  THE   CIRCUIT  COURT  OF  BALTIMORE 

CITY,  AND  OF  THE  CIRCUIT  COURT  NUMBER 

TWO  OF  BALTIMORE  CITY. 

P.  G.  L.,   (1860)   Art.  18,  sec.  76.     1888,  ch.  194.     P.  L.  L.,   (1888) 

Art.  4,  sec.  221. 

369.  IIk'  ("Icrk  of  the  Cir<-uit  Court  of  Baltimore  Citv,  aiid 


240 

of  the  Circuit  Court  Number  Two  of  Baltimore  City,  shall 
respectively  enter  into  bond  to  the  State  in  the  penalty  of 
twenty  thousand  dollars,  conditioned  for  the  faithful  discharge 
of  his  duties,  with  security  to  be  approved  by  the  Judge  of  said 
courts. 

SALAKIES  OF  CLERKS  OF  COURTS. 

1868,  ch.  54.     P.  L.  L.,   (1888)  Art.  4,  sec.  222. 

370.  Wlienever  the  fees  or  other  compensation  of  any  of  the 
clerks  of  the  courts  of  Baltimore  City  shall,  after  the  payment 
of  all  necessary  expenses,  fail  to  pay  such  officers  the  salary 
provided  for  by  the  Constitution,  and  any  of  said  clerks  ghall, 
imder  section  1st,  Article  15,  of  the  Constitution,  have  paid  to 
the  State  any  sum  of  money  as  excess,  after  retaining  his  salary, 
such  excess  is  appropriated  to  the  payment  of  the  salary  so  in 
arrear  until  each  of  said  clerks  shall  have  received  the  full 
amount  thereof;  and  it  shall  be  the  duty  of  the  Comptroller  of 
the  State  to  draw  a  warrant  upon  the  State  Treasurer  for  the 
payment  of  said  arrears  out  of  the  said  excess,  not  to  exceed  the 
whole  amount  so  in  arrears,  and  not  to  exceed  the  whole  amount 
of  said  excess  paid  into  the  treasury  of  the  State. 

1896,  ch.  438.     1912,  ch.  343. 

371.  The  Comptroller  of  the  State  of  Maryland  be  and  he  is 
hereby  directed  to  draw  a  warrant  upon  the  State  Treasurer 
for  the  payment  of  the  sum  of  twenty-five  hundred  dollars  per 
annum  in  each  and  every  year,  in  quarterly  installments  of  six 
hundred  and  twenty-five  dollars  at  the  end  of  each  and  every 
quarter,  for  the  compensation  of  the  trust  clerk  designated  by 
the  Supreme  Bench  of  Baltimore  City  in  the  offices  of  the 
Circuit  Court  of  Baltimore  City  and  Circuit  Court  'No.  2  of 
Baltimore  City,  for  the  supervision  of  the  trust  estates  in  said 
courts,  payment  of  said  salaries  to  be  made  out  of  any  money 
paid  by  the  clerks  of  the  several  courts  of  Baltimore  City  into 
the  State  Treasury,  and  on  the  certificate  of  some  one  of  the 
judges  of  the  Supreme  Bench  of  Baltimore  City  that  such  trust 
clerk  has  performed  his  duties  for  the  time  so  certified  by  said 
judge ;  the  clerk  of  the  Circuit  Court  of  Baltimore  and  of  the 
Circuit  Court  ISTo.  2  of  Baltimore  City  be  and  they  are  hereby 
authorized  and  directed  to  appoint  a  chief  clerk  for  each  of  their 
respective  Courts,  said  appointment  to  be  subject  to  confirma- 
tion by  the  Supreme  Bench  of  Baltimore  City ;  and  when  said 
appointments  have  been  so  made  and  confirmed  the  Comptroller 
of  the  State  of  Maryland  be  and  he  is  hereby  directed  to  draw 


241 

two  warrants  upon  the  State  Treasurer,  each  for  the  payment 
of  the  sum  of  two  thousand  five  hundred  dollars  per  annum  in 
each  and  every  year  in  quarterly  installments  of  six  hundred 
and  twenty-five  dollars  at  the  end  of  each  and  every  quarter,  for 
the  compensation  of  each  of  the  two  chief  clerks  so  appointed 
and  confirmed. 

CRIERS,  BAILIFFS,  WATCHMEN"  A:N'D  STENOGRA- 
PHERS. 

p.  L.  L.,  (1860)  Art.  4,  sec.  134.    1888,  ch.  194.    P.  L.  L.,  (1888) 

Art.  4,  sec.  223. 

372.  The  Clerks  of  the  Circuit  Court,  Circuit  Court  Num- 
ber Two,  the  Criminal  Court,  the  Court  of  Common  Pleas,  the 
City  Court  and  the  Superior  Court  of  Baltimore  City  shall  sever- 
ally, at  the  end  of  every  month,  certify  to  the  Mayor  and  Regis- 
ter of  the  city  the  amount  due  the  several  bailift's  and  criers  of 
their  respective  courts,  and  the  Mayor  and  Register  shall  pay 
them  accordingly. 

1864,  ch.  113.    P.  L.  L.,   (1888)  Art.  4,  sec.  224. 

373.  The  City  Register  shall  pay  to  the  crier  of  the  Superior 
Court  of  Baltimore  City,  the  crier  of  the  Baltimore  City  Court, 
and  the  crier  of  the  Court  of  Common  Pleas  of  Baltimore  City 
the  sum  of  fifteen  hundred  dollars  per  annum,  in  monthly  in- 
stallments of  one  hundred  and  twenty-five  dollars  at  the  end  of 
each  and  every  month,  as  and  for  their  respective  salaries,  on 
the  certificates  of  said  clerks  of  the  said  courts  that  said  criers 
have  performed  their  several  duties  as  criers  of  said  courts  for 
the  time  so  certified  by  said  clerks. 

1870,  ch.  94.     1888,  ch.  194.     P.  L.  L.,   (1888)  Art.  4,  sec.  225. 

374.  The  City  Register  shall  pay  to  the  bailiffs,  respectively, 
of  the  Superior  Court  of  Baltimore  City,  of  the  Court  of  Com- 
mon Pleas  of  Baltimore  City,  of  the  Baltimore  City  Court,  of 
the  Circuit  Court  of  Baltimore  City,  of  the  Circuit  Court 
Number  Two  of  Baltimore  Citv  and  of  the  Criminal  Court  of 
Baltimore  City  the  sum  of  fifteen  hundred  dollars  per  annum, 
as  and  for  their  respective  salaries,  at  the  same  time  and  in  the 
same  manner  as  is  provided  in  the  preceding  section  for  the 
payment  of  the  salaries  of  the  crier  of  the  Superior  Court,  the 
crier  of  the  Baltimore  City  Court  and  the  crier  of  the  Court  of 
Common  Pleas  of  Baltimore  City. 


242 

1872,  ch.  87.     1888,  ch.  194.     P.  L.  L.,    (1888)   Art.  4,  sec.  226. 

375.  The  Clerk  of  the  Circuit  Court  of  Baltimore  City  and 
the  Clerk  of  the  Circuit  Court  Number  Two  of  Baltimore  City 
are  respectively  authorized  and  empowered  to  appoint  a  night- 
watchman,  whose  duty  shall  be  to  strictly  and  vigilantly  guard 
throughout  the  year,  between  the  hours  of  six  P.  M.  and  seven 
A.  M.,  the  records  and  papers  deposited  in  their  respective 
offices,  and  who  shall  be  removed  in  the  discretion  of  the  said 
clerks,  respectively,  for  neglect  or  carelessness  in  the  discharge 
of  his  duties,  or  for  other  good  and  sufficient  cause. 

1872,  ch.  87.     1888,  ch.  194.     P.  L.  L.,    (1888)   Art.  4,  sec.  227. 

376.  The  City  Register  shall  pay  to  the  said  watchman  the 
sum  of  nine  hundred  dollars  per  annum,  as  and  for  their  re- 
spective salaries,  in  the  same  manner  as  is  provided  for  the  pay- 
ment of  the  salaries  of  the  bailiffs  of  the  Courts. 

1878,  ch.  479.     P.  L.  L.,   (1888)  Art.  4,  sec.  228. 

377.  The  Clerk  of  the  Court  of  Common  Pleas  in  Baltimore 
City  is  authorized  and  empowered  to  appoint  a  night  watchman, 
whose  duty  it  shall  be  to  strictly  and  vigilantly  guard,  through- 
out the  year,  the  records  and  papers  deposited  in  the  office  of 
the  Clerk  of  the  Court  of  Common  Pleas,  and  who  shall  be 
removed,  in  the  discretion  of  the  said  clerk,  for  neglect  or  care- 
lessness in  the  discharge  of  his  duties,  or  for  other  good  and 
sufficient  cause. 

1878,  ch.  479.     P.  L.  L.,   (1888)   Art.  4,  sec.  229. 

378.  The  City  Register  shall  pay  to  the  said  watchman  the 
sum  of  eighty-three  dollars  and  thirty-three  cents  per  month,  as 
and  for  his  salary,  in  the  same  manner  as  is  provided  for  the 
payment  of  the  salaries  of  the  bailiffs  of  the  courts. 

1867,  ch.  373.     1892.  ch.  122.     P.  L.  L.,   (1888)  Art.  4,  sec.  230. 

1908,  ch.  476. 

379-  The  judges  of  the  Supreme  Bench  of  Baltimore  City 
are  authorized  and  directed  to  appoint  from  time  to  time  as 
many  court  stenographers,  not  exceeding  in  number  altogether 
the  number  of  said  judges,  as  shall  in  their  discretion  be  re- 
quired for  the  services  of  the  several  courts  of  Baltimore  City, 
who  shall  be  sworn  officers  of  the  court,  and  shall  each  be  paid 
a  salary  of  eighteen  hundred  dollars  per  annum  when  such  sten- 
ographers shall  be  required  to  attend  the  courts  regularly,  or  ten 
dollars  per  diem  for  each  day  of  actual  employment  when  he 


t  <  I 


243 

sliall  be  appointed  to  attend  only  when  his  services  shall  be 
specially  required  by  the  judges ;  the  said  salaries  to  be  paid  in 
like  manner  as  the  salaries  of  the  other  officers  of  the  courts  are 
now  paid,  as  prescribed  in  section  372. 

1867,  ch.  373.     P.  L.  L.,   (1888)  Art.  4,  sec.  231.     1892,  ch.  122. 

380.  Each  of  the  stenographers  so  appointed  shall  be  skilled 
in  the  practice  of  his  art,  and  shall  hold  his  position  during  the 
pleasure  of  the  Supreme  Bench.  It  shall  be  his  duty,  under  the 
direction  of  the  judge  of  the  court  to  which  he  may  be  assigned 
for  the  time  being,  to  take  full  stenographic  notes  of  all  oral 
testimony  and  judicial  opinions  orally  delivered  in  every  judi- 
cial proceeding ;  and  it  shall  be  his  duty  to  furnish  to  any  party 
to  such  proceeding,  upon  request,  a  typewritten  copy  of  the 
notes  of  testimony  and  judicial  opinions  so  taken  by  him,  or  of 
such  part  thereof  as  may  be  required,  on  payment  by  such  party 
of  the  expenses  of  such  copy,  at  such  rates  as  shall  be  fixed  by 
rule  of  court  at  the  time.  Whenever  any  judge  shall  be  satisfied 
that  a  copy  of  all  or  any  part  of  the  stenographic  notes  of  testi- 
mony or  judicial  opinions,  taken  during  any  judicial  proceeding 
at  which  he  presided,  is  necessary  for  the  purpose  of  justice,  he 
shall  under  such  rules  as  shall  be  prescribed  by  the  Supreme 
Bench,  pass  an  order  that  the  expense  of  making  a  copy  of  such 
part  of  said  stenographic  notes  as  he  shall  specify  in  said  order 
shall  be  deemed  a  necessary  disbursement  of  the  proceeding,  and 
allowed  as  such  to  the  prevailing  party,  and  it  shall  be  so  taxed 
in  the  bill  of  cost,  but  shall  be  paid  in  the  first  instance  as  shall 
be  directed  in  said  order. 

1867,  ch.  373.     P.  I..  L..   (1888)   Art.  4,  sec.  232. 

381.  The  Judges  of  the  Orphans'  Court  of  the  City  of  Balti- 
more are  authorized  and  directed  to  appoint  a  stenographer  for 
that  court,  who  shall  be  a  sworn  oflicer  of  the  court,  but  shall  be 
required  to  attend  the  sessions  of  such  court  only  when  specially 
summoned  by  the  presiding  judge  thereof.  The  stenographer  so 
appointed  sliall  be  skilled  in  the  practice  of  his  art,  and  shall 
hold  his  position  so  long  as  he  efiicicntly  discharges  the  duties  of 
his  office.  In  any  proceeding  in  said  court  in  which  either  party 
shall  give  notice  that  in  the  event  of  a  decision  of  said  court 
adverse  to  the  claim  of  such  party,  an  appeal  will  be  taken  to 
the  Court  of  Appeals,  the  presiding  judge  of  the  court  shall 
require  the  attendance  of  the  stenographer,  whose  duty  it  shall 
be  in  .sucli  proceedings  to  take  full  stenographic  notes  of  all  oral 
proofs  anfl  jiuliciiil  opiiiions  orally  delivered  ;  and  in  case  ap])eal 


244 

shall  be  taken  from  the  decision  of  the  court,  such  notes  shall 
be  transcribed,  and  after  being  signed  by  the  witnesses,  depo- 
nents or  affiants,  shall  become  a  portion  of  the  record  of  the  case, 
to  be  transmitted  by  the  judges  of  the  court  to  the  Court  of 
Appeals.  By  consent  of  the  parties  to  the  proceedings  in  which 
such  proofs  shall  be  taken,  and  of  the  judges  of  said  court,  the 
signing  of  such  record  of  proof  by  the  witness,  deponent  or 
affiant,  may  be  waived ;  in  which  case  such  record,  after  being 
authenticated  by  the  certificate  of  said  stenographer,  or  of  the 
presiding  judge  of  the  court,  shall  be  deemed  to  be  the  record 
of  any  proofs  or  proceedings  so  taken.  The  stenographer  shall 
receive  as  compensation  for  his  services  the  sum  of  eight  dollars 
for  each  day  of  actual  attendance  at  the  court,  by  direction  of 
the  presiding  judge  thereof,  which  sum  the  presiding  judge 
shall  cause  to  be  paid  equally  by  the  respective  parties  to  the 
proceeding  in  which  the  notes  shall  be  taken,  and  shall  enforce 
payment  thereof ;  and  if  the  notes  so  taken  shall  be  transcribed, 
as  hereinbefore  provided,  the  expense  of  such  transcriptions,  at 
the  rate  of  ten  cents  for  each  one  hundred  words  so  transcribed, 
shall  be  taxed  in  the  bill  of  costs  of  the  proceeding  to  the  party 
appellant,  and  shall  thereafter  be  awarded  as  costs  by  the  Court 
of  Appeals,  in  accordance  with  the  provisions  of  the  Code  of 
Public  General  Laws. 

Cannon  v.  Crook,  32  Md.  483.     Denison  v.  Denison,  35  Md,  370. 

1867,  ch.  373.     P.  L.  L.,   (1888)  Art.  4,  sec.  233. 

382.  The  stenographer  in  each  of  the  courts  hereinbefore 
named  may  appoint  an  assistant  stenographer,  who  shall  also  be 
a  sworn  officer  of  the  court,  to  assist  him  in  the  discharge  of  his 
duties ;  provided  that  no  additional  compensation  shall  be  paid 
or  expense  incurred  by  reason  of  such  appointment. 

SHERIFF. 

383.  Repealed  by  Act  of  1912,  ch.  202. 

1861,  ch.  55.     P.  L.  L.,   (1888)  Art.  4,  sec.  235. 

384.  Any  officer  may  send  out  his  fees  on  execution  at  any 
time  during  the  year. 

1861,  ch.  53.     p.  L.  L.,   (1888)  Art.  4,  sec.  236. 

385.  The  Sheriff  shall  collect  the  fees  due  to  the  following 
officers,  which  may  be  placed  in  his  hands  for  collection,  namely : 
attorneys,  clerks  of  all  the  courts,  commissioner  of  the  land 
office,  coroners,  criers,  registers  of  wills,  surveyors  and  sheriffs. 


245 

1861,  ch.  53.     P.  L.  L.,   (ISSS)  Art.  4,  sec.  237. 

386.  The  Sheriff  may  distrain  or  execute  the  goods  and 
chattels  of  any  person  against  whom  any  fees  are  phiced  in  his 
hands  for  collection;  provided,  he  has  sixty  days  previously  de- 
livered to  such  person,  or  left  at  his  place  of  abode,  an  account 
of  such  fees. 

WITNESSES,  DOCKET  ENTRIES,  RECORDS. 

187S,  ch.  28.     P.  L.  L.,   (1888)  Art.  4,  sec.  288.     1898,  ch.  123. 

1900,  ch.  279. 

387.  Witnesses  attending  any  of  the  Courts  of  Baltimore 
City,  except  the  Criminal  Court  of  Baltimore,  shall  be  entitled 
to  fifty  cents  a  day,  and  in  the  Criminal  Court  shall  not  be 
entitled  to  said  allowance,  except  by  the  express  order  of  the 
Court,  and  only  in  such  cases  as  the  Court  in  its  discretion  may 
deem  proper.  But  any  of  the  Courts  of  Baltimore  City  may,  in 
its  discretion,  allow  itinerant  charges  to  out-of-town  witnesses. 

1884,  ch.  23.     P.  L.  L.,   (1888)  Art.  4,  sec.  239. 

388.  In  any  suit  now  pending,  or  hereafter  to  depend,  in  any 
court  in  the  City  of  Baltimore,  wherein  a  transcript  of  the 
record  of  any  cause  in  any  other  court  in  the  City  of  Baltimore 
might  be  offered  in  evidence,  it  shall  be  sufficient  to  produce  the 
docket  entries  and  original  papers  and  proceedings  in  said  last- 
mentioned  cause,  or  the  record  book  in  which  the  same  have  been 
recorded,  and  if  required  by  law  to  be  recorded,  and  actually 
recorded,  and  offer  the  same  in  evidence ;  and  the  same,  when  so 
produced  and  offered  in  evidence,  shall  have  the  same  effect,  to 
all  intents  and  purposes,  as  a  transcript  of  the  record  thereof, 
under  the  seal  of  the  court  wherein  the  same  are ;  and  such  pro- 
duction may  be  had  by  any  party  to  a  suit  upon  a  suhpwna  duces 
tecum  issued  to  the  clerk  of  the  court  wherein  such  docket 
entries,  original  papers  and  proceedings  may  be. 

Kilbourn  v.  Goldsmith,  46  Md.  289. 

COSTS. 

1882,  ch.  354.     P.  L.  L.,    (1860)   Art.  4,  sec.  1591/2- 
P.  L.  L.,    (1888)    Art.  4,  sec.  240. 

389.  In  all  actions  at  law  for  wrongs,  independent  of  con- 
tracts, in  any  of  the  courts  of  Baltimore  City,  where  the  verdict 
or  iixjuisition  of  damages  after  default  made  shall  be  for  a  sum 
less  than  fifty  dollars,  the  costs  shall  be  adjudged  to  the  de- 
fpiirlaiit,  unlf'Ks  the  Court  shal]   otherwise  determine;  but  the 


246 

Court,  before  allowing  costs  to  the  plaintiff  in  such  case,  shall 
be  satisfied  that  he  had  good  reason  for  not  bringing  suit  before 
a  Justice  of  the  Peace;  and  in  all  cases  of  appeals  whatsoever 
from  judgments  of  Justices  of  the  Peace  in  Baltimore  City, 
costs  shall  be  allowed  to  plaintiff  or  defendant,  in  the  discretion 
of  the  Court;  provided,  that  in  all  cases  involving  the  title  to 
real  estate,  wherein  the  verdict  or  judgment  is  for  the  plaintiff", 
he  shall  be  allowed  his  costs. 

Repp  V.  Berger,  60  Md.  1. 

Costs.  As  to  allowance  for  costs  of  depositions  rendered  unnecessary 
by  the  appearance  of  party  at  trial,  see, 

Dorsey  v.   Heinzerling,   Daily  Record,   October  18,   1897. 

A  rule  sevuHty  for  costs  will  not  be  laid  against  a  non-resident  legal 
defendant  when  there  is  a  resident  equitable  defendant  liable  for  such 
costs  under  the  statute. 

Kellog  V.  Bokee,  Daily  Record,  December  7,  1898. 

As  to  attachment  for  costs,  see,  Matthews  v.  Davidson,  Daily  Record, 
June  17,  1891. 

390.  Kepealed  by  Act  1902,  eh.  496. 

391.  Repealed  by  Act  1902,  ch.  496. 

392.  Repealed  by  Act  1902,  ch.  496. 

393.  Repealed  by  Act  1902,  ch.  496. 

394.  Repealed  by  Act  1902,  ch.  496. 

DEAF,  DUMB  AND  BLIND. 

p.  G.  L.,   (1860)  Art.  33,  sec.  1.     P.  L.  L.,   (1888)  Art.  4,  sec.  246. 

395.  It  shall  be  the  duty  of  the  Mayor  and  City  Council  of 
Baltimore,  on  the  application  of  any  parent,  guardian  or  next 
friend  (provided  such  parent,  guardian  or  next  friend  has  been 
a  bona  ffde  citizen  of  this  State  for  at  least  two  years  previous 
to  such  application)  of  any  deaf  and  dumb  person  of  teachable 
age  and  capacity,  not  exceeding  the  age  of  twenty-one  years,  to 
inquire  into  the  age  and  capacity  of  said  deaf  and  dumb  person, 
and  also  into  the  ability  of  such  person,  his  or  her  parent  or 
guardian,  to  pay  the  expense  of  his  or  her  education:  and  if 
satisfied  by  evidence  produced  that  such  person  is  of  teachable 
age,  and  is  endowed  with  capacity  to  receive  instruction,  and 
that  neither  person,  or  his  or  her  parents  or  guardian  is  pos- 
sessed of  means  to  pay  for  such  instruction,  then  it  shall  be  the 
further  duty  of  the  Mayor  and  City  Council  of  Baltimore  afore- 
said to  certify  the  same  to  the  Governor  of  this  State. 


247 

P.  G.  L.,  (1S60)  Art.  33,  sec.  2.     1865,  ch.  68.    1870,  ch.  478. 
P.  L.  L.,    (1888)   Art.  4,  sec.  247. 

396.  On  receiving  the  certificate  of  the  Mayor  and  City 
Council  of  Baltimore  as  aforesaid,  it  shall  be  the  duty  of  the 
Governor  to  authorize  the  instruction  of  said  deaf  and  duml) 
person  in  the  Maryland  Institute  for  the  Education  of  the  Deaf 
and  Dumb,  located  at  Frederick,  for  a  term  not  exceeding  seven 
years ;  and  it  shall  be  the  further  duty  of  the  Governor,  on  the 
certificate  of  the  President  of  said  institution  that  such  deaf 
and  dumb  person  has  been  taught  at  said  institution,  to  order 
the  Comptroller  of  the  Treasury  to  draw  his  warrant  on  the 
Treasurer  of  the  State  for  two  hundred  dollars  per  annum  for 
each  deaf  and  dumb  person  taught  in  pursuance  of  his  authority 
at  said  institution,  payable  to  the  president  thereof,  in  quarterly 
payments,  on  the  first  days  of  January,  April,  July  and  October 
in  each  year ;  and  the  Governor  shall  also  order  the  Comptroller 
of  the  Treasury  to  draw  on  the  State  Treasurer  his  warrant, 
payable  to  the  proper  party,  for  the  expenses  necessarily  in- 
curred in  transporting  and  returning  said  deaf  and  dumb  per- 
son ;  provided,  that  the  whole  amount  drawn  from  the  treasury 
for  the  purposes  aforesaid  shall  not  exceed  seven  thousand  five 
hundred  dollars  in  any  one  year ;  provided,  further  that  the 
Governor  shall  dispose  of  applications  in  behalf  of  deaf  and 
dumb  persons,  under  the  provisons  of  this  sub-division  of  this 
Article,  in  the  order  in  which  they  may  be  made ;  and  if  the 
applications  be  more  than  sufiicient  to  absorb  the  aforegoing 
appropriation,  he  shall  suspend  the  action  upon  the  excess  until 
vacancies  occur,  or  further  provision  be  made  by  the  General 
Assembly. 

P.  Cr.  L..   (I860)  Art.  33,  sec.  3.     1808,  ch.  205.     1886,  ch.  278. 
P.  L.  L.,    (1888)   Art.  4,  sec.  248. 

397.  A  sum  not  exceeding  twenty-one  thousand  dollars  shall 
be  and  is  hereby  annually  appropriated,  to  be  applied,  under 
the  direction  of  the  Governor,  in  placing  for  instruction  in  tlie 
Maryland  Institute  for  the  Instruction  of  the  Blind,  such  indi- 
gent blind  persons  of  the  age  of  nine  years  and  upwards,  in- 
hal)itants  of  this  State  and  the  county  or  city  from  whicli  they 
are  recommended,  to  the  Governor  by  the  county  connnissioners 
of  each  county,  or  the  judges  of  the  Orphans'  Court  of  Balti- 
more City'. 

I'.  <;.  L.,  (I860)  Art.  33,  sec.  4.     P.  L.  L.,   (1888)  Art.  4,  see.  249. 

398.  Tho  recommendation  shall  state  that  such  blind  persons 


248 

are  in  such  indigent  circumstances  as  to  be  unable  from  their 
own  resources,  or  those  of  their  parents,  to  obtain  instruction, 
and  are  of  good  natural  capacity. 

1865,  cli.  75.     1886,  ch.  278.     P.  L.  L.,    (1888)   Art.  4,  sec.  250. 

399.  The  amount  per  annum  paid  for  any  one  individual 
shall  not  exceed  the  sum  of  three  hundred  dollars,  nor  the  term 
of  instruction  eight  years. 

p.  G.  L.,  (1860)  Art.  33,  sec.  6.    P.  L.  L.  (1888)  Art.  4,  sec.  251. 

400.  The  Governor  shall  report  to  the  General  Assembly  at 
each  regular  session  thereof  the  amount  of  money  expended  by 
him  in  pursuance  of  the  provisions  of  this  sub-division  of  this 
Article  and  the  names,  ages  and  places  of  residence  of  the  dif- 
ferent applicants. 

1912,  ch.  71. 

400a.  That  the  Mayor  and  City  Council  of  Baltimore  be  and 
it  is  hereby  authorized  and  empowered  to  appropriate  for  the 
Maryland  Workshop  for  the  Blind  a  sum  not  exceeding  five 
thousand  dollars  ($5,000.00)  annually,  to  aid  in  the  mainte- 
nance of  the  work  of  that  institution. 

DESTROYING  PROPERTY  MALICIOUSLY. 

p.  L.  L.,   (1888)  Art.  4,  sec.  251  A.     1896.  ch.  270. 

401.  If  any  person  shall  maliciously  cut,  disfigure,  mutilate, 
damage,  destroy  or  otherwise  injure  any  goods,  wares,  materials 
or  merchandise  intended  to  be  manufactured,  made  up  or  con- 
verted into  garments,  wearing  apparel  or  other  articles  of  mer- 
chandise, and  belonging  to  any  other  person,  or  shall  maliciously 
cut,  disfigure  or  otherwise  injure  any  garments,  wearing  apparel 
or  other  articles  of  merchandise  belonging  to  any  other  person, 
or  shall  cause  the  same  to  be  done,  or  shall  by  any  means  cause 
or  incite  any  person  to  do  the  same,  upon  conviction  thereof, 
before  any  tribunal  of  competent  jurisdiction,  he  shall  be  fined 
not  more  than  fifty  dollars,  or  to  be  sentenced  to  imprisonment 
in  the  House  of  Correction  for  not  more  than  six  months,  or  both 
fined  and  imprisoned  in  the  discretion  of  the  court. 

402-425.  Sections  402  to  425  both  inclusive,  repealed  by 
Act  1902,  ch.  296. 

This  act  (1902,  ch.  296)  repeals  the  Local  Law  upon  the  subject  of 
Elections,  and  by  supplementing  Art.  33  of  the  Public  General  Laws 
provides  for  elections  in  Baltimore  City. 


249 
EXAMINING  ENGINEERS. 

1892,  cli.  448.     P.  L.  L.,    (1888)   Art.  4,  sec.  297 A. 

426.  The  Governor  shall  bieuuially  appoint,  in  and  for  the 
City  of  Baltimore,  two  engineers  who  have  had  not  less  than  ten 
years  practical  experience  in  running  steam  engines,  boilers  and 
appliances  pertaining  to  stationary  or  portable  engines,  and 
who  have  been  residents  of  this  State  for  not  less  than  five  years 
next  preceding  the  date  of  their  appointment,  who  shall  consti- 
tute and  be  known  as  the  ''Board  of  Examining  Engineers." 
The  parties  so  appointed,  before  entering  on  their  duties,  shall 
make  oath  before  a, Justice  of  the  Peace  that  they  will  faith- 
fully perform  the  duties  of  their  office  without  fear,  partiality 
or  favor;  and  that  they  will  not,  during  their  term  of  office, 
accept  any  money,  gift,  gratuity  or  consideration  from  any  per- 
son, and  shall  give  bond  to  be  approved  by  the  Comptroller  of 
the  State,  in  the  sum  of  three  thousand  dollars  each,  for  the 
faithful  discharge  of  their  duties;  and  before  entering  on  said 
discharge  of  their  said  duties,  the  said  inspectors  shall  provide 
themselves  with  an  office  in  a  proper  location  in  the  City  of 
Baltimore,  and  shall  give  notice  by  publication  for  at  least  five 
days  through  the  two  daily  papers  having  the  largest  circulation 
in  said  city,  of  the  time  and  manner  in  which  they  will  make  the 
examinations  hereinafter  provided  for. 

1892,  ch.  448.     P.  L.  L.,  (1888)  Art.  4,  sec.  297B.     1910,  ch.  662. 

427.  The  said  board  shall  have  general  supervision  of  all 
stationary  engineers  within  the  State  of  Maryland,  except  as 
hereinafter  provided ;  it  shall  be  their  duty  to  examine  all  engi- 
neers of  the  age  of  twenty-one  years  or  upwards,  who  shall  apply 
to  them  for  examination,  and  to  give  all  parties  so  examined  a 
certificate  of  proficiency  if  found  proficient,  and  to  refuse  to 
give  such  certificate  if  not  found  proficient,  and  the  parties  so 
receiving  such  certificate  shall  pay  to  the  said  board  the  sum  of 
three  dollars  ($3)  for  each  certificate  so  issued  and  from  all 
renewals  of  all  grades  the  sum  of  one  dollar  and  fifty  cents 
($1.50)  ;  said  certificate  shall  be  of  four  grades;  a  certificate  of 
the  first  grade  will  permit  the  holder  thereof  to  take  charge  of 
any  plant  of  machinery ;  the  second  grade  to  take  charge  of  any 
plant  of  machinery  from  one  to  five  hundred  horse-power,  and 
the  third  grade  to  take  charge  of  any  plant  of  machinery  from 
one  to  thirty  horse-power,  and  the  fourth  grade  to  take  chai'ge 
of  any  hoisting  or  portable  plant  of  machinery;  and  the  said 
certificate  shall  run  for  the  term  of  one  year,  and  shall  be  re- 
newed annually,  the  term  of  beginning  of  said  certificate  to  be 


250 

from  the  date  of  the  examination  of  the  respective  applicant ; 
provided,  that  no  engineer  having  such  certificate  shall  have 
charge  of  more  than  one  plant  of  machinery  at  the  same  time 
unless  said  plant  be  of  the  same  company  and  at  one  and  the 
same  place ;  and  no  substitute  who  has  not  been  examined  and 
received  a  certificate,  aforesaid,  shall  be  placed  in  charge  of 
machinery  by  any  engineer  who  has. 

1892,  ch.  448.  P.  L.  L.,  (1888)  Art.  4,  sec.  297C. 
428.  All  persons  of  twenty-one  years  of  age  or  upward  who, 
after  the  adoption  of  this  Article,  shall  desire  to  fill  a  position 
as  a  stationary  engineer,  must  make  application  to  the  "Board 
of  Examining  Engineers"  for  examination  and  certificate  of 
proficiency,  before  he  can  pursue  his  avocation  as  such  engineer ; 
provided,  that  any  engineer  employed  as  stationary  engineer  at 
the  works  of  any  steam  railway,  or  any  engineer  employed  as 
such  with  any  stationary  engine,  who  at  the  time  of  the  adop- 
tion of  this  Article  shall  have  been  employed  at  the  same  place 
for  the  term  of  six  months  or  more,  shall  not  be  required  to 
apply  for  such  examination  and  certificate ;  but  whenever  such 
engineers  shall  remove  from  the  place  where  so  employed  they 
shall  be,  and  are  hereby  required  to  make  application  for  exami- 
nation and  certificate  to  said  Board  of  Examining  Engineers  as 
hereinbefore  provided ;  and  provided  further,  that  the  provisions 
of  this  section  shall  not  apply  to  persons  running  engines  and 
boilers  in  sparsely  settled  country  places,  where  not  more  than 
twenty  persons  are  engaged  in  work  about  such  engines  and 
boilers,  nor  to  engineers  running  country  saw  and  grist  mills, 
threshing  machines  and  other  machinery  of  a  similar  character, 
nor  to  marine  engineers  engaged  in  steamboats,  ships  and  other 
vessels  run  by  steam,  nor  to  those  engaged  as  locomotive  engi- 
neers of  any  steam  railway  company.  And  in  the  event  of  any 
charge  being  made  to  said  board,  of  any  engineer  who  may  hold 
a  certificate  from  them,  of  being  intoxicated,  while  in  charge 
of  an  engine  or  boiler,  or  of  the  neglect  of  duty  on  the  part  of 
such  engineer  or  engineers,  it  shall  be  the  duty  of  said  board  to 
immediately  hear  such  charge,  and  if  sustained,  annul  such  cer- 
tificate. The  certificate  granted  to  the  respective  applicants 
must  be  framed  and  kept  in  a  conspicuous  place  at  such  place  as 
such  persons  may  be  respectively  at  work.  Any  person  violating 
the  provisions  of  this  sub-division  of  this  Article  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  before 
a  Justice  of  the  Peace,  shall  be  fined  not  less  than  twenty-five 
dollars  nor  more  than  fifty  dollars,  one-half  of  which  shall  be 
paid  the  informer  and  the  balance  to  the  State. 


251 

1892,  eh.  448.     P.  L.  L..    (1SS8)    Art.  4,  sec.  297D. 

429.  Said  Board  of  Examining  Engineers  shall  meet  at 
their  office  in  the  City  of  Baltimore  for  the  pnrpose  of  examin- 
ing applicants  at  least  once  in  every  week,  and  at  a  specified 
hour  and  day,  and  shall  sit  until  all  applicants  shall  be  examined, 
and  in  the  event  of  inability  to  examine  all  the  applicants  on 
the  regular  day  of  meeting,  they  shall  continue  their  sessions 
for  each  successive  day  until  the  same  shall  be  completed.  They 
shall  visit  and  inspect  the  running  and  management  of  all 
steam  plants  wherein  the  engineers  are  required  to  be  examined 
as  hereinbefore  provided,  not  less  than  once  every  six  months, 
and  in  the  event  of  their  finding  on  such  examination  that  the 
engineer  or  engineers  in  charge  of  such  plant  or  machinery  are 
not  running  and  managing  the  same  with  proper  skill  and  care, 
they  shall  report  the  same  to  the  State  Board  of  Boiler  Inspec- 
tors for  their  action ;  and  said  Board  of  Examining  Engineers 
are  hereby  invested  with  power  and  authority  to  enter  all  such 
premises  and  make  the  examination  herein  provided  for;  and 
any  owner  of  any  such  premises  who  shall  refuse  to  allow  them 
to  enter  and  make  such  examination  shall  be  deemed  guilty  of  a 
misdemeanor  and  be  punishable  upon  trial  and  conviction,  as 
provided  in  the  preceding  section. 

1892,  ch.  448.     P.  L.  L.,    (1SS8)   Art.  4,  sec.  297E. 

430.  The  said  Board  of  Examining  Engineers  shall  receive 
an  annual  salary  of  fifteen  hundred  dollars  each,  and  shall  have 
power  to  employ  a  clerk  or  secretary  at  a  salary  not  exceeding 
the  sum  of  one  thousand  dollars  per  annum,  and  such  expense 
shall  be  allowed  said  board  as  shall  be  incurred  in  traveling- 
expense,  office  rent,  stationery  and  printing,  and  for  which  they 
shall  produce  to  the  Comptroller  of  the  State  Treasury,  proper 
vouchers ;  provided,  however,  that  no  appropriation  shall  be 
made  and  no  moneys  paid  by  the  State  Treasurer  to  said  board 
for  or  on  account  of  said  salaries  and  expenses,  but  that  the 
same  shall  be  paid  to  them  by  and  from  the  fees  received  for  the 
examination  and  certificates  hereinbefore  provided  for;  and 
provided  further,  that  the  said  board  shall  keep  a  strict  account 
of  all  fees  received  for  such  purposes,  and  quarterly,  under  oath 
or  affirmation,  return  such  statement  to  the  Comptroller  of  the 
State  I'reasurv;  and  whenever  the  amount  is  in  excess  of  the 
salaries  and  expenses  hereinbefore  provided  foi"  they  shall  for- 
ward such  excess  to  said  Comptroller,  and  they  shall  keep  a 
certificate  book  with  the  certificates  therein  duly  iinml)ered  and 
of  which  to  each  certificate  there  is  a  corresponding  stub  to  be 


252 

filled  in  to  correspond  in  all  respects  to  the  certificate  issued,  and 
subject  to  the  inspection  of  the  Comptroller,  when  he  may  deem 
the  same  necessary. 

FEKRIES. 

1868,  ch.l87.     P.  L.  L.,  (1888)  Art.  4,  sec.  298. 

43i.  The  Broadway  and  Locust  Point  Steam  Ferry  Com- 
pany of  Maryland  is  created  to  establish  a  steam  ferry,  suitable 
to  transport  passengers,  aoods,  wagons,  carriages,  live-stock  or 
any  other  transportable  article,  across,  over  and  within  the 
harbor  of  Baltimore ;  and  the  said  corporation  is  made  capable 
of  erecting  wharves,  buildings,  or  any  other  contrivances  neces- 
sary or  convenient  for  the  conduct  of  the  business  of  the  ferry, 
for  which  purpose  the  said  corporation  is  authorized  to  pur- 
chase, hold,  sell,  rent  or  lease  land.  And  the  said  company  is 
authorized  and  empowered  to  hold  and  use  as  a  wharf  or  land- 
ing, for  the  use  of  said  ferry,  the  end  of  the  wharf  commonly 
known  as  the  County  wharf,  together  with  a  right  of  way  in 
common  with  others,  through  the  centre  of  said  wharf,  of  the 
width  of  ten  feet,  as  a  thoroughfare  for  travel  to  and  from  the 
end  of  said  wharf;  and  all  the  remainder  of  the  border  sides 
and  surface  of  the  said  wharf,  except  the  end  and  right  of  way 
granted,  is  reserved  exclusively  for  the  landing  of  such  fruits, 
vegetables  and  other  agricultural  products  as  may  be  brought 
from  the  counties  to  the  City  of  Baltimore,  for  sale  or  otherwise. 
Broadway  and  Locust  Point  Ferry  Co.  v.  Hankey,  31  Md.  346. 

1870,  ch.  436.    P.  L.  L.,   (1860)  Art.  4,  sec.  299. 

432.  The  said  corporation  is  authorized  and  empowered  to 
occupy  and  use  the  wharf  at  the  foot  of  Haubert  Street,  in  the 
City  of  Baltimore,  as  a  wharf  or  landing  place  for  the  ferry 
boats  of  said  company,  in  exclusion  of  all  other  steam  ferry 
boats  plying  in  the  harbor  of  said  city. 

1870,  eh.  436.     P.  L.  L.,   (1888)  Art.  4,  sec.  300. 

433.  It  shall  not  be  lawful  for  any  steam  ferry  boat,  other 
than  one  of  those  belonging  to  the  said  Broadway  and  Locust 
Point  Steam  Perry  Company  of  Maryland,  to  land  at  or  use 
either  of  the  sides  or  the  end  of  said  wharf  at  the  foot  of  Hau- 
bert street,  nor  the  end  or  either  of  the  sides  of  the  wharf  at  the 
foot  of  Broadway,  mentioned  in  section  431  of  this  Article ;  and 
any  and  every  person  in  charge,  control  or  command  of  any 
steam  ferry  company,  other  than  a  boat  belonging  to  the  said 
company,  who  shall  use  or  attempt  to  use  the  ends  or  either  of 


253 

the  sides  or  any  part  of  the  wharves  mentioned,  for  a  landing 
place  or  wharf  for  the  steam  ferry  boat  so  in  his  charge,  control 
or  command,  shall  each  he  subject  to,  and  shall  pay  a  line  of 
twenty-five  dollars  for  each  and  every  time  the  said  steam  ferry 
boat  so  in  his  charge,  control  or  command  of  such  person  shall 
touch  at  either  of  the  wharves  aforesaid,  which  fines  shall  be 
enforceable  and  collectible  according  to  law. 

Broadway,  etc.  Co.  v.  Hankey,  31  Md.  346. 

1870,  ch.  436.    P.  L.  L.,  (1888)  Art.  4,  sec.  301. 

434.  The  said  company  is  authorized  to  erect  gates  and 
ticket  houses  on  the  wharves  at  the  foot  of  Broadway  and 
Haubert  street  in  said  City  of  Baltimore. 

1868,  ch.  187.     1870,  ch.  436.     P.  L.  L.,   (1888)   Art.  4,  sec.  302. 

1902,  ch.  351. 

435.  The  said  corporation  shall  keep  and  run  on  their  ferry 
routes  two  good  and  substantial  steam  ferry  boats,  staunch  and 
seaworthy,  and  supplied  according  to  the  law  in  such  cases  made 
and  provided ;  and  the  said  corporation  shall  so  manage  the  said 
ferry  as  that  one  of  their  ferry  boats  shall  leave  each  end  of  said 
ferry  at  least  every  ten  minutes  between  the  hours  of  six  o'clock 
A.  M.  and  eight  o'clock  P.  M.,  and  at  intervals  of  twenty-five 
minutes  between  the  hours  of  eight  o'clock  P.  M  and  twelve 
o'clock  midnight ;  provided,  that  the  requirements  of  this  section 
shall  be  directory  only  and  not  mandatory  upon  said  corporation 
when  the  weather,  public  convenience  or  traffic  justify  said 
corporation  in  altering  said  requirements. 

1868,  ch.  187.     P.  L.  L.,   (1888)  Art.  4,  sec.  303. 

436.  The  said  corporation  shall  not  charge  any  greater  sums 
than  are  contained  in  the  following  scale  of  prices,  to  wit :  For 
one  passenger,  five  cents ;  for  one  horse,  mule  or  ass,  and  rider 
or  driver,  ten  cents;  for  one  cow  and  driver,  ten  cents;  for 
every  swine,  three  cents ;  for  every  sheep,  two  cents ;  for  every 
calf,  two  cents ;  for  every  heifer,  three  cents ;  for  one  horse,  cart 
and  driver,  fifteen  cents;  for  two  horses,  cart  and  driver, 
eighteen  cents ;  for  one  horse,  wagon  and  driver,  fifteen  cents ; 
for  two  horses,  wagon  and  driver,  eighteen  cents ;  for  every  addi- 
tional horse  to  those  above  enumerated,  harnessed  to  a  wagon  or 
cart,  three  cents ;  for  every  two-seated  carriage  and  two  horses, 
fifteen  cents ;  for  every  four-seated  carriage  and  one  horse,  twelve 
cents;  for  every  four-seated  carriage  and  two  horses,  twenty 
cents ;  for  every  additional  horse  to  those  above  enumerated,  har- 


254 

nessed  to  a  carriage,  five  cents ;  for  one  lumber  wagon  and  one 
horse  or  two  horses,  twenty-five  cents. 

1868,  ch.  187.     P.  L.  L.,   (1888)  Art.  4,  sec.  304. 

437.  Firemen  in  actual  discharge  of  their  duties,  together 
with  their  apparatus,  accoutrements  and  horses,  police  officers 
in  the  actual  discharge  of  their  duties,  and  all  funerals,  shall 
pass  free. 

FINES  AND  FORFEITURES. 

p.  L.  L.,    (1860)   Art.  4,  sec.  232.     P.  L.  L.,   (1888)   Art.  4,  sec.  305. 

1892,  ch.  411. 

438.  One-half  of  all  fines  adjudged  by  and  accruing  in  the 
Criminal  Court  of  Baltimore,  when  secured  by  the  Sheriff  of 
Baltimore  City,  shall  be  paid  to  the  ]\Iayor  and  City  Council  of 
Baltimore,  and  out  of  said  fines  the  judge  of  said  court  may 
order  and  direct  to  be  paid  to  the  State's  Attorney  of  said  city 
such  additional  fees  in  cases  of  extraordinary  duration  and 
trouble,  as  he  may  deem  just  and  reasonable,  but  this  section 
shall  not  have  any  effect  upon  the  rights  of  informers. 

Rawlings  v.  State,  2  Md.  20. 

1884,  ch.  119.     P.  L.  L.,  (1888)  Art.  4,  sec.  306.    1894,  ch.  519. 

439.  The  Sheriff  of  Baltimore  City  shall,  on  or  before 
the  first  day  of  December  in  each  year,  divide  equally  all 
fines  imposed  by  the  Criminal  Court  of  Baltimore  City  on 
persons  convicted  for  keeping  houses  of  ill-fame,  among  such 
incorporated  dispensaries  of  said  city  as  shall  comply  with  the 
provisions  of  the  succeeding  section. 

Snowden  v.  Baltimore  Dispensary,  60  Md.  85. 

1884,  ch.  119.     P.  L.  L.,   (1888)  Art.  4,  sec.  307. 

440.  Such  fines  shall  be  divided  equally  among  those  incor- 
porated dispensaries  which  shall,  within  ten  days  after  the 
tenth  day  of  November  in  each  year  file  in  the  ofiice  of  the 
Sheriff  of  Baltimore  City  separate  reports,  the  truth  of  each  of 
which  shall  be  sworn  to  by  one  of  the  officers  of  the  dispensary 
filing  the  same,  before  any  officer  of  the  State  of  Maryland 
authorized  bv  law  to  administer  oaths,  showing:  that  in  the  vear 
preceding  such  tenth  day  of  November,  the  said  dispensary  had 
under  its  charge  more  than  two  thousand  separate  persons  as 
patients,  and  that  its  said  dispensary  was  open  for  the  treat- 
ment of  disease  two  hours  daily,  and  for  the  free  distribution  of 


255 

medicine  to  the  poor  six  hours  daily  on  each  week  day  and  two 
continuous  hours  on  each  Sunday  in  said  year. 

1884,  ch.  119.    P.  L.  L.,  (ISSS)  Art.  4,  sec.  308. 

441.  In  case  said  fines  shall  not  be  claimed  by  any  such 
dispensary  in  the  manner  specified  in  the  two  preceding  sec- 
tions, then  said  fines  shall  be  paid  by  the  Sherift"  to  the  Mayor 
and  Citv  Council  of  Baltimore. 

1884,  ch.  119.     P.  L.  L.,  (1888)  Art.  4,  sec.  309. 

442.  The  said  Sheriff's  official  bond  shall  be  responsible  for 
the  faithful  payment  of  said  money  as  hereinbefore  provided, 
and  shall  be  liable  for  any  default  in  any  duty  herein  required 
to  be  performed  by  him. 

P.  L.  L.,   (1860)   Art.  4,  sec.  234.     P.  L.  L.,    (1888)  Art.  4,  sec.  310. 

1908,  ch.  18. 

443.  No  person  shall  hereafter  be  allowed  to  give  security 
for  the  payment  of  any  fine  and  costs  imposed  by  the  Criminal 
Court  of  Baltimore,  but  any  person  who  shall  be  sentenced  by 
the  court  to  the  payment  of  any  fine  and  costs  shall  stand  com- 
mitted until  they  are  paid.  And  in  default  of  the  payment  of 
said  fine  and  costs  shall  serve  one  day  in  jail  for  each  dollar  or 
fractional  part  thereof  of  said  fine  and  costs ;  provided,  however, 
that  in  no  case  shall  the  term  of  such  imprisonment  in  default 
of  the  payment  of  any  fine  and  costs  exceed  six  months. 

In  connection  with  fines,  see,  Day  v.  State,  7  Gill  322.     State  v.  Mace, 
5  Md.  337. 

1908,  ch.  314. 

443A.  The  provisions  of  the  aforegoing  section  shall  also 
apply  to  the  term  of  imprisonment  to  be  served  in  default  of 
fines  and  forfeitures  imposed  by  the  several  police  magistrates 
of  Baltimore  City  when  exercising  criminal  jurisdiction. 

1880,  ch.  211.    P.  L.  L.,   (1888)  Art.  4,  sec.  311. 

444.  When  any  fine  or  penalty  is  imposed  by  any  Act  of 
Assembly  of  this  State,  or  by  any  ordinance  of  any  incorporated 
city  or  town  in  this  State,  enacted  in  pursuance  of  snfticiont 
authority,  for  the  doing  of  any  act  forbidden  to  be  done  by  such 
Act  of  Assembly  or  ordinance,  or  for  omitting  to  do  any  act 
required  to  be  done  by  such  Act  of  Assembly  or  ordinance,  the 
doing  of  such  act,  or  the  omission  to  do  such  act,  shall  be  doomed 
to  bo  a  f-riminnl   offence;  such  offence,   in   the   City  of   l>alti- 


256 

more,  shall  be  prosecuted  by  the  arrest  of  the  offender  for  such 
offence,  and  by  holding  him  to  appear  in  or  committing  him  for 
trial  in  the  Criminal  Court  of  Baltimore,  at  the  Saturday  ses- 
sions of  said  court,  which  said  court  shall  have  jurisdiction  in 
the  said  cases,  and  shall  proceed  to  try  or  dispose  of  the  same 
in  the  same  manner  as  other  criminal  cases  triable  at  the  Satur- 
day sessions  of  said  court  may  be  tried  or  proceeded  with,  or  dis- 
posed of,  or  such  offence  may  be  prosecuted  by  indictment  in 
such  court;  such  offences  in  any  county  of  this  State  shall  be 
prosecuted  by  the  arrest  of  the  offender  for  such  offence,  and  by 
holding  him  to  bail  to  appear  in  or  committing  him  for  trial  in 
the  Circuit  Court  for  the  county  in  which  such  offence  was  com- 
mitted, or  by  indictment  in  the  Circuit  Court  for  such  county 
for  such  offence.  If  any  person  shall  be  adjudged  guilty  of  any 
such  oft'ence  by  any  court  having  jurisdiction  in  the  premises, 
he  shall  be  sentenced  to  the  fine  or  penalty  prescribed  by  such 
Act  of  Assembly  or  ordinance,  and  to  the  costs  of  his  prosecu- 
tion, and  in  default  of  payment  thereof  he  shall  be  committed 
to  jail  until  thence  discharged  by  due  course  of  law;  any  indict- 
ment for  the  violation  of  any  ordinance  of  any  incorporated 
city  or  towm  of  this  State  may  conclude  "against  the  form  of 
the  ordinance  in  such  case  made  and  provided,  and  against  the 
peace,  government  and  dignity  of  the  State." 

McCracken  v.  State,  71  Md.  155.    Dean  v.  State,  98  Md.  80. 

FIEE. 

Fire  Department. 
1888,  ch.  393.    P.  L.  L.,  (1888)  Art.  4,  sees.  315,  3150. 

445.  The  Ma^-or  and  City  Council  of  Baltimore  is  hereby 
directed  to  appropriate  annually  such  sums  of  money  as  shall 
be  sufficient  to  pay  the  pensions  of  such  members  of  the  Fire 
Department  as  shall  heretofore  have  been  put  upon  the  pen- 
sion roll,  and  as  shall  thereafter  be  put  upon  said  pension 
roll,  in  accordance  with  the  provisions  of  this  Article ;  and  also 
to  appropriate  such  sums  of  money  as  may  be  sufficient  to  afford 
relief  to  the  widows  and  children  of  firemen  killed  in  the  dis- 
charge of  duty. 

MISCELLANEOUS  LOCAL  LAWS. 
'  P.  L.  L.,   (1860)  Art.  4,  sec.  237.     P.  L.  L.,   (1888)   Art.  4,  sec.  313. 

446.  Any  person  who  shall  wilfully  destroy  or  injure  any 
engine,  hose,  reel  or  other  apparatus  whatever  for  the  extin- 


257 

giiishment  of  fires,  belonging  to  any  company  in  the  City  of 
Baltimore,  or  to  the  said  city,  shall  be  guilty  of  felony,  and 
upon  conviction  thereof  shall  be  sentenced  to  confinement  in 
the  penitentiary  for  a  period  not  less  than  two  nor  more  than 
five  years. 

P.  L.  L.,   (1860)  Art.  4,  sec.  238.     P.  L.  L.,   (1888)   Art.  4,  sec.  314. 

447.  Any  person  who  shall  assault,  beat  or  otherwise  in- 
tentionally hurt  or  injure  any  fireman  of  the  City  of  Balti- 
more, whilst  in  the  discharge  of  his  duties  as  fireman  (except 
in  self-defence),  shall,  upon  conviction  thereof,  be  sentenced 
to  imprisonment  in  Baltimore  City  Jail  for  a  period  not  less 
than  one  month,  and  the  payment  of  a  fine  of  not  less  than 
ten  nor  more  than  one  hundred  dollars. 

Fire   Gongs  in  Hotels. 
1906,  ch.  ISO,  sec.  1. 

447a.  Any  building  or  buildings  now  used  as  hotels  or 
apartment  houses,  or  that  shall  hereafter  be  used  as  such  shall 
have  installed  in  said  building  or  buildings  large  fire  gongs, 
which  shall  be  rung  only  in  case  of  fire  or  danger  of  fire, 
so  as  to  notify  and  warn  the  occupants  thereof. 

1906,  cli.  ISO,  sec.  2. 

447b.  The  gongs  provided  for  in  the  preceding  section  shall 
be  of  such  size  as  shall  be  designated  by  the  Inspector  of 
Buildings  of  Baltimore  City,  and  shall  be  placed  one  at  each 
stair  landing  and  one  at  each  end  of  every  corridor  or  hall,  and 
so  put  up,  arranged  and  connected  that  each  gong  can  be 
sounded  from  the  main  office. 

1906,  ch.  180,  sec.  3. 

447c.  Any  owner,  agent,  lessee  or  manager  of  any  building 
or  buildings  used  or  occupied  as  a  hotel  or  apartment  house, 
that  shall  neglect  or  refuse  to  comply  with  the  provisions  of  this 
Act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  indict- 
ment and  conviction  thereof  shall  be  fined  not  less  than  $250 
nor  more  than  $1,000,  for  each  offense. 

1906,  ch.  180,  sec.  4. 

447fl.     The  provisions  of  this  Act  shall  not  apply  to  build- 
ings of  twelve  rooms  or  less. 
riO) 


258 

P.  L.  L.,  (1888)  Art.  4,  sec.  315D.     1892,  ch.  345.    1900,  ch.  708. 

448.  The  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  and  empowered  to  appropriate  annually  the  sum 
of  one  thousand  dollars,  payable  to  the  Veteran  Volunteer 
Firemen's  Association  of  Baltimore  City,  for  the  rental  of  a 
suitable  building  for  the  keeping  of  its  apparatus,  holding 
meetings,  paying  janitor,  and  for  fuel  and  other  necessary  ex- 
penses incident  to  said  association. 

1910,  ch.  568. 

448a.  That  no  building  or  structure  of  any  kind  whatever 
shall  be  erected,  constructed  or  altered,  or  used  as  a  garage^ 
livery  or  hiring  stable,  or  any  other  stable  having  accommoda- 
tions for  over  ten  horses,  housing  of  vehicles  of  any  kind, 
storage  house,  houses  or  structures  for  keeping  of  inllammable 
goods  or  explosives  of  any  kind  whatever  within  six  hundred 
feet  (600)  of  any  building  or  structure  used  as  a  public  hos- 
pital in  the  City  of  Baltimore;  nothing  in  this  Act  shall  be 
construed  to  apply  to  garage,  livery  or  hiring  stables  or  any 
other  stable  in  use  at  the  time  of  the  passage  of  this  Act. 

Illuminating  Oils  and  Fluids. 
1874,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  329. 

449.  All  oils  or  fluids  manufactured  from  petroleum  or 
its  products,  used  for  illuminating  purposes  in  this  State,  which 
shall  be  manufactured  or  kept  for  sale  therein,  shall  be  re- 
quired to  stand  a  fire  test  of  one  hundred  and  ten  degrees 
Fahrenheit  before  it  shall  burn,  to  be  ascertained  bv  Tagliabue's 
coal  oil  tester,  or  some  other  instrument  constructed  upon  the 
same  principle. 

1874,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  330. 

450.  Every  person  manufacturing  or  selling  illuminating 
oils  or  fluids,  manufactured  from  petroleum  or  its  products, 
by  the  barrel,  shall  be  required  to  have  stamped  upon  the  head 
of  the  barrel  the  name  of  the  manufacturer  thereof  and  his 
place  of  business,  together  with  the  words  "warranted  to  stand 
a  fire  test  of  one  hundred  and  ten  degrees  Fahrenheit  before 
it  shall  burn." 

1874,  ch.  504.     P.  L.  L.,   (1888)  Art.  4,  sec.  831. 

451.  Whoever  manufactures  for  illuminating  purposes,  or 
sells  in  quantities  not  less  than  a  barrel,  oils  or  fluids  made 
from  petroleum  or  its  products,  which  does  not  sustain  the 


259 

fire  test  as  provided  in  section  449,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined  not 
more  than  one  thousand  dollars,  or  imprisoned  in  the  jail  or 
penitentiary  not  more  than  two  years,  in  the  discretion  of  the 
court.  Whoever  sells  in  quantities  less  than  a  barrel,  for  il- 
luminating purposes,  oils  or  fluids  made  from  petroleum  or  its 
products,  which  does  not  sustain  the  fire  test  provided  for  in 
section  449,  shall  forfeit  said  oil,  and  be  fined  not  less  than 
five  dollars  nor  more  than  twenty  dollars;  said  fine  to  be  col- 
lected as  other  fines  are  now  collected,  one-half  to  go  to  the 
informer,  the  other  to  be  paid  into  the  treasury  of  the  State. 

1874,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  332. 

452.  Any  purchaser  of  oils  or  fluids  made  of  petroleum  or 
its  products,  for  illuminating  purposes,  bearing  the  stamp 
required  in  section  450,  and  which  does  not  stand  the  fire 
test  required  in  section  449,  may  recover  from  the  seller  in 
an  action  for  debt  an  amount  equal  to  double  the  purchase 
money  of  said  oil. 

1874,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  333. 

453.  Any  accident  by  reason  of  explosion,  occurring  with 
any  oil  or  fluid  manufactured  from  petroleum  or  its  products, 
shall  subject  the  seller  thereof  to  prosecution  for  a  misde- 
meanor, and  upon  conviction  thereof  in  a  court  of  competent 
jurisdiction,  to  a  fine  not  exceeding  one  thousand  dollars,  nor 
less  than  five  hundred  dollars ;  one-half  of  said  fine  to  be  paid 
to  the  informer  and  the  other  half  to  the  State. 

1874,  ch.  504.     P.  L.  L.,  (1888)  Art.  4,  sec.  334. 

454.  In  case  of  seizure  or  confiscation  of  oils  or  fluids  man- 
ufactured from  petroleum  or  its  products,  as  provided  in  sec- 
tion 451,  the  party  who  has  sold  such  oils  or  fluids  shall  have 
the  privilege  of  referring  the  same  to  some  commissioned  in- 
spector recognized  by  the  oil  trade  of  Baltimore,  whose  decisions 
shall  be  prima  facie  evidence  of  the  quality  of  said  oil  or  fluid. 

1874,  ch.  504.     P.  L.  L.,   (1888)  Art.  4,  sec.  335. 

455.  If  any  inspector  of  oils  shall  be  convicted  in  a  court 
of  competent  jurisdiction  of  furnishing  a  false  report  of  the 
fire-test  of  any  oil  submitted  to  his  inspection,  he  shall  be  liable 
to  a  fine  of  not  less  than  five  hundred  dollars  nor  more  than 
two  thousand  dollars,  at  the  discretion  of  the  court;  said  fine 
to  be  paid  into  the  treasury  of  the  State. 


260 

1874,  ch.  504.    P.  L.  L.,   (1888)  Art.  4,  sec.  336. 

456.  The  provisions  of  the  seven  preceding  sections  shall 
not  apply  to  oils  or  fluids  manufactured  from  petroleum  or  its 
products  for  the  purpose  of  exportation  or  for  use  in  street 
lamps. 

FISH. 
1886,  ch.  450.     P.  L.  L.,   (1888)  Art.  4,  sec.  337. 

457.  No  person  shall  expose  for  sale,  or  have  in  his  posses- 
sion, offering  for  sale,  any  striped  bass  or  rock  M^eighing  less 
than  one-half  pound  each,  or  any  v^hite  perch  weighing  less 
than  one-quarter  of  a  pound  each ;  any  person  violating  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  by  a  court  of  competent  juris- 
diction shall  be  fined  not  more  than  twenty  dollars  or  be  con- 
fined in  jail  not  more  than  thirty  days,  or  both,  in  the  judg- 
ment of  the  court. 

GAS  COMPANIES. 

458.  459  and  460.     Kepealed  by  Act  of  1910,  Chapter  56. 

1888,  ch.  322.     P.  L.  L.,   (1888)   Art.  4,  sec.  341.     1900,  ch.  180. 

461.  No  corporation  or  person  shall  charge  for  illuminating 
gas  in  Baltimore  City  a  sum  to  exceed  one  dollar  and  ten 
cents  per  thousand  cubic  feet. 

1888,  ch.  322.     P.  L.  L.,  (1888)  Art.  4,  sec.  342. 

462.  The  illuminating  gas  furnished  by  any  such  corpora- 
tion or  person  shall  have  an  illuminating  power  not  less  than 
twenty  sperm  candles  of  six  to  the  pound,  and  burning  at  the 
rate  of  one  hundred  and  twenty  grains  of  spermaceti  per  hour, 
tested  at  a  distance  of  not  less  than  one  mile  from  the  place  of 
manufacture  by  a  burner  consuming,  five  cubic  feet  of  gas 
per  hour,  and  shall  as  regards  purity,  comply  with  the  standard 
now  or  hereafter  established  by  law. 

1912,  ch.  853. 

462a.  That  if  and  when  a  proposition  for  the -introduction  of 
natural  gas  into  the  City  of  Baltimore  and  for  the  supply  of 
the  same  to  the  consumers  for  a  term  not  exceeding  twenty-five 
years  shall  be  submitted  to  the  Board  of  Estimates  for  the 
City  of  Baltimore,  the  same  shall  be  by  it  fully  considered.  If 
and  when  the  said  Board  of  Estimates  shall  have  approved 


261 

such  proposition  or  any  modification  thereof  and  shall  have 
entered  into  an  agreement  with  any  corporation  either  upon 
the  proposition  submitted  or  otherwise,  which  it  is  hereby 
authorized  to  do,  the  agreement  thus  reached  shall  be  reduced 
to  writing  and  shall  thereupon  be  submitted  to  the  Public  Ser- 
vice Commission  of  the  State  of  Maryland  for  its  approval  as 
to  the  rates  therein  prescribed ;  and  as  to  each  and  all  the  terms, 
conditions  and  provisions  thereof,  and  upon  such  approval  by 
the  said  Public  Service  Commission,  and  not  before  the  said 
agreement  shall  become  binding  upon  the  City  of  Baltimore 
and  upon  the  corporation  named  in  said  agreement  on  the 
further  approval  of  such  agreement  by  ordinance  of  the  City 
Council  of  Baltimore  and  the  approval  of  such  ordinance  by 
the  Mayor ;  and  the  officials  of  the  City  of  Baltimore  are  there- 
upon required  to  duly  execute  such  contract  with  the  corpora- 
tion therein  named  for  the  term  of  years  and  in  accordance  with 
the  rates,  terms  and  conditions  therein  set  forth. 

1912,  ch.  853. 
462b.     That  any  such  agreement  may  contain  such  provi- 
sions and  conditions  with  respect  to  the  rates  and  conditions  to 
consumers  for  the  supply  of  artificial  gas,  as  shall  be  approved 
as  above  provided. 

1912,  ch.  853. 
462c.     That  nothing  contained  in  this  Act   shall  limit   or 
authorize    any   contract   that   may  limit   in   any   manner   the 
powers  of  the  Public  Service  Commission  of  Maryland. 

HARBOR,  DOCKS  A:^D  WHARVES. 
HARBOR. 

p.  L.  T...    (1860)    Art.  4,  sec.  267.     18S4,  ch.  309.     P.  L.  L..    (1888)    Art. 

4,  sec.  351.    1908,  ch.  170. 

463.  ISTo  alteration,  extension  or  removal  of  wharves,  piers, 
bulkheads  or  pilings  shall  be  made  in  the  Patapsco  River  or 
tributaries  without  consent  of  the  Harbor  Board. 

Page  V.  Mayor,  34  Md.  558.  Hazlehurst  v.  Mayor,  37  Md.  399.  Wil- 
liams V.  Baker,  41  Md.  523.  B.  &  O.  R.  R.  Co.  v.  Chase,  43  Md.  24. 
Horner  v.  Pleasants,  66  Md.  477.  CImssoii  v.  Chesapeake  Co.,  81  Md. 
258. 

-See,  Res.  185,  April  22,  1876. 

P.  L.  L.,    (1860)   Art.  4,  sec.  268.     P.  L.  L..    (1888)   Art.  4,  sec.  352. 

1908,  ch.  170. 

464.  If  any  person  shall  violate  the  provisions  of  the  pre- 


262 

ceding  section  he  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  subject  to  a  fine  not  exceeding  two 
hundred  and  fifty  dollars,  and  the  Harbor  Board  is  hereby 
empowered  to  remove  forthwith,  at  the  expense  of  the  persons 
erecting  the  same,  the  structure,  obstruction  or  extension  com- 
plained of. 

465  and  466.     Repealed  by  Act  of  1908,  Chapter  170. 

Doclcs. 

p.  L.  L.,   (1860)   Art.  4,  sec.  193.     P.  L.  L.,   (1888)   Art.  4.  sec.  3587" 

467.  The  Mayor  and  City  Council  are  vested  with  the  right 
and  title  to  any  land  made  or  to  be  made  by  them  out  of  the 
water  in  making  and  completing  the  improvements  of  the  city 
dock,  according  to  the  plan  heretofore  adopted  by  them;  pro- 
vided, that  nothing  contained  in  this  section  shall  be  con- 
strued to  interfere  with  the  vested  rights  of  individuals. 

P.  L.  L.,   (1860)  Art.  4,  see.  194.     1880.  ch.  418.     P.  L.  L.,  (1888)  Art.  4, 

sec.  359.     1908,  ch.  170. 

468.  !No  vessel  shall  lie  at  any  wharf,  pier  or  dock,  or  ad- 
joining same,  in  such  manner  as  to  obstruct  or  prevent  the 
free  passage  of  any  vessel  to  or  from  some  other  berth  in 
the  same  or  another  wharf,  pier  or  dock.  The  master  of  any 
vessel  refusing  to  comply  with  the  provisions  of  this  section 
within  one  hour  from  the  time  notice  to  move  his  said  vessel 
shall  have  been  served  upon  him  by  the  harbor  master  or  a 
police  oSicer  of  Baltimore  City,  shall  be  guilty  of  a  misde- 
meanor, and  shall  be  subject  to  a  fine  of  not  more  than  twenty 
dollars  for  every  hour  thereafter  said  obstruction  continues. 

P.  L.  L.,   (1860)   Art.  4,  sees.  196,  197.     1880,  ch.  418.     P.  L.  L.,   (1888) 
Art.  4,  sec.  360.     1908,  ch.  170.     1912,  ch.  32. 

469.  Provided,  however,  that,  except  in  regard  to  docks  and 
wharves  owned  by  the  Mayor  and  City  Council  of  Baltimore, 
nothing  contained  in  any  section  or  provision  of  this  Article 
shall  be  constructed  to  impose  any  duty  upon  the  Mayor  and 
City  Council  of  Baltimore  to  any  person  or  corporation  using 
the  Patapsco  River,  or  any  branch  or  tributary  thereof,  in 
regard  to  the  safety  thereof,  or  to  render  the  said  Mayor  and 
City  Council  of  Baltimore  liable  for  any  loss  of  life  or  injury 
or  damage  to  person  or  property,  by  reason  of  any  obstruction 
in,  or  unsafe  condition  of,  any  part  of  said  river  or  of  said 
branches  or  tributaries,  or  either  of  them. 


263 

470  to  477,  both  inclusive.  Kepealed  by  Act  of  1908,  Chap- 
ter 170. 

P.  L.  L.,   (1860)  Art.  4,  sec.  952.     P.  L.  L.,   (1SS8)  Art.  4,  sec.  370. 

478.  Any  person  carrying  wood  to  Baltimore  for  sale  may 
land  the  same  upon  the  State  wharves  whenever  permitted 
to  do  so  by  any  Tobacco  Inspector  in  the  warehouse  to  which 
the  wharf  is  attached;  but  such  permission  shall  not  interfere 
with  that  portion  of  the  public  wharves  set  apart  for  the  use 
of  boats  laden  with  tobacco. 

P.  L.  L.,   (I860)  Art.  4,  sec.  953.     P.  L.  L.,   (1888)   Art.  4,  sec.  371. 

479.  The  person  landing  wood  upon  the  public  wharves 
under  the  preceding  section  shall  pay  the  Tobacco  Inspector 
the  sum  of  six  and  a  quarter  cents  a  cord,  to  be  by  the  said 
inspector  paid  into  the  State  Treasury,  and  the  inspector  shall 
be  allowed  twenty  per  cent,  upon  the  money  so  received  and 
paid  into  the  State  Treasury. 

Harbor  Board. 
P.  L.  L.,  (1888)  Art.  4,  sec.  372.     1894,  cli.  423. 

480.  The  Harbor  Board  shall  have  full  control  and  manage- 
ment of  the  iceboat  Annapolis,  belonging  jointly  to  the  State 
of  Maryland  and  the  City  of  Baltimore,  subject  to  the  orders 
of  the  Governor  of  the  State,  for  the  use  of  said  boat  for  the 
public  service. 

See  p.  L.  L.,   (1888)  Art.  4,  sees.  372  to  377,  inclusive,  relating  to  ice 
boat  and  harbor  relief. 

P.  L.  L.,   (1888)  Art.  4,  sec.  373.     1894,  ch.  423. 

481.  The  said  Board  is  hereby  authorized  to  appoint,  in 
conformity  with  the  provisions  of  section  88  of  this  Article,  at 
such  reasonable  rates  of  pay  as  it  may  determine,  and  at  its 
pleasure  to  discharge,  such  officers  and  crew  as  ma}'  in  its 
judgment  be  deemed  necessary  for  the  proper  operation  and 
maintenance  of  said  boat  at  all  times. 

P.  L.  L.,  (1888)  Art.  4,  sec.  374.     1S94,  ch.  423. 

482.  The  said  Board  shall  employ  the  said  boat,  primarily, 
for  the  purpose  of  preventing  obstruction  by  ice  to  the  naviga- 
tion  of  Baltimore  harbor,  and  the  ship  channels  loading  thereto, 
and  for  the  relief  of  vessels  in  distress,  bound  to  or  from  the 
port  of  Baltimore. 


264 

p.  L.  L.,    (1SS8)    Art.  4,  sec.  375.     1894,  ch.  423. 

483.  The  Board  is  further  authorized  to  use  the  said  boat 
(or  at  its  discretion  the  ice  boat  Latrobe)  in  the  relief  from 
obstruction  by  ice  of  any  of  the  harbors  or  channels  of  the 
Chesapeake  Bay  or  its  tributaries,  when  such  service  can  be 
rendered  without  detriment  to  the  commerce  of  the  port  of 
Baltimore,  and  for  any  other  service  which  the  said  Board  may 
deem  advantageous  to  commerce  and  the  public  interest ;  the 
Board  may  charge  such  reasonable  rates  for  towage,  or  relief 
of  vessels,  as  it  may  deem  proper,  having  in  view  the  public 
and  private  interests  and  facilities  of  commerce,  and  the  sum 
received  for  same  shall  be  applied  to  the  expense  of  the  boat. 

P.  L.  L.,  (1888)  Art.  4,  sec.  376.     1894,  cli.  423. 

484.  The  annual  expenses  of  maintaining  and  operating 
said  iceboat  shall  be  paid  by  the  Mayor  and  City  Council  of 
Baltimore. 

P.  L.  L.,   (1888)  Art.  4.  sec.  377.     1894,  ch.  423. 

485.  The  said  Board  shall  in  its  annual  report  to  the  ]\layor 
and  City  Council  of  Baltimore  embody  statements  of  the  opera- 
tions of,  and  the  receipts  and  disbursements  for  the  said  ice- 
boat, and  shall  send  copies  of  the  same  to  the  Governor  nnd 
Comptroller  of  the  Treasury  of  the  State. 

HEALTH. 

NUISAIS^CES. 

p.  L.  L.,   (1860)  Art.  4,  sec.  798.     P.  L.  L.,   (1888)   Art.  4,  sec.  379. 

1910,  ch.  288. 

486.  Whenever  any  nuisance  dangerous  to  the  health  of 
the  city  shall  exist  in  any  street,  lane  or  alley  of  the  city, 
either  public  or  private,  and  it  shall  be  found  necessary  in 
order  to  remove  the  same  to  have  such  street,  lane  or  alley 
paved,  the  said  city  may  order  the  same  to  be  paved  and  may 
recover  the  amount  expended  in  paving  the  same,  and  the 
expenses  of  collection,  from  the  owner  or  owners  of  the  prop- 
erty fronting  thereon,  in  equal  portions,  by  suit  against  the 
owner. 

City  can  assess  against  abutting  owner  for  paving  private  alley  to 
abate  nuisance. 

Owners  Realty  Co.  v.  M.  &  C.  C,  112  Md.  477. 

P.  L.  L.,   (1860)   Art.  4,  sec.  799.     P.  L.  L.,   (1888)  Art.  4,  sec.  380. 

487.  The  said  owner  mav  in  such  action  defend  himself 


265 

against  any  such  claim  for  expenses  of  paving  and  the  collec- 
tion thereof  by  proof  that  no  such  nuisances  existed,  or  that 
the  paving  of  the  said  street,  lane  or  alley  was  not  necessary 
to  the  removal  or  abatement  thereof,  or  that  such  nuisance 
was  caused  by  an  act  or  ordinance  of  said  city,  or  its  officers 
in  the  execution  of  their  duty. 

I'.  L.  L.,   (1S60)   Art.  4,  sec.  800.     P.  L.  L.,   (1888)   Art.  4,  sec.  381. 

488.  The  expenses  of  such  paving,  and  the  expenses  inci- 
dent to  the  collection  thereof,  shall  be  a  lien  upon  the  property 
chargeable  therewith ;  and  when  the  right  of  the  city  to  recover 
the  same  has  been  determined,  the  city  may  levy  such  expenses 
upon  said  property. 

P.  L.  L.,   (1860)  Art.  4,  sec.  801.     P.  L.  L.,   (1888)  Art.  4,  sec.  382. 

489.  If  any  of  the  said  property  shall  be  owned  by  persons 
not  resident  within  the  limits  of  said  city,  then,  after  public 
notice  given  at  least  three  times  a  week  for  three  successive 
weeks  in  two  newspapers  of  the  city,  by  advertisement,  de- 
scribing the  property  chargeable,  the  amount  of  expense  with 
which  it  is  chargeable  and  if  known,  the  name  of  the  owner 
thereof,  the  City  may  proceed  to  levy  said  expenses  upon  the 
interest  of  such  non-resident  in  said  property,  without  any  pre- 
vious suit  to  determine  their  right  to  the  same. 

P.  L.  L.,   (1860)   Art.  4,  sec.  802.     P.  L.  L.,   (1888)  Art.  4,  sec.  383. 

490.  Such  non-resident  may,  at  any  time  within  three 
mouths  after  said  expenses  have  been  levied  and  collected,  in- 
stitute an  action  against  the  city  for  the  recovery  of  the  same ; 
and  if  it  shall  appear  in  such  action  that  public,  notice  was  not 
given  as  hereinbefore  directed,  or  that  no  such  nuisance  ex- 
isted, or  that  the  paving  of  said  street,  lane  or  alley  was 
not  necessary  to  the  removal  or  abatement  thereof,  or  tluit  the 
same  was  caused  by  an  act  or  ordinance  of  the  city,  or  by  its 
officers  in  the  execution  of  their  duty,  such  non-resident  shall 
recover  the  expenses  of  paving  and  collection  so  levied  upon 
his  property. 

P.  L.  L.,   (I860)   Art.  4,  sec.  803.     P.  1,.  L..   (1SS8)   Art.  4,  sec.  384. 

491.  Whenever  any  nuisance  dangerous  to  the  hoaltli  of 
the  city  shall  be  found  upon  any  vacant  lot  within  the  city,  tlie 
city  may  remove  or  abate  the  same,  and  shall  have  the  same 
remedy  against  the  owner  of  such  lot,  for  the  expenses  of  so 
doing,  as  is  given  in  the  five  preceding  sections  against  tlie 


266 

owners  of  lots  fronting  on  streets  paved,  to  remove  a  nuisance ; 
and  the  owner  of  such  vacant  lot  shall  have  the  same  rights 
and  remedies  therein  given  to  the  owners  of  lots  fronting  on 
streets  so  paved. 

p.  L.  L.,   (I860)   Art,  4,  sec.  854.     P.  L.  L.,   (1888)  Art.  4,  sec.  385. 

492.  Wlienever  the  Commissioner  of  Health  shall  certify 

in  writing  to  the  Mayor  tliat  it  is  necessary  for  the  Health  of 

the  City  to  alter  the  grade  of  any  street,  lane  or  alley  on  low 

or  made  ground  the  Mayor  shall  proceed  to  act  in  the  mauner 

specified  in  this  Article  relating  to  streets. 

City  has  right  to  grade  a  street,  lane  or  alley  to  abate  a  nuisance. 
Owners  Realty  Co.  v.  M.  &  C.  C,  112  Md.  477. 

ATHLETIC  FIELDS,  ETC. 

1910,  ch.  203. 

492a.  That  the  Mayor  and  City  Council  of  Baltimore  City 
be  and  the  same  is  hereby  authorized  and  empowered  to  enter 
into  agreements  or  contracts  with  the  Public  Athletic  League, 
incorporated,  for  the  purpose  of  establishing,  maintaining  and 
conducting  gymnasia,  athletic  fields  and  recreation  centers  for 
the  benefit  of  the  people  of  Baltimore  City,  for  such  length  of 
time  and  upon  such  terms  as  the  Mayor  and  City  Council  of 
Baltimore   City  may  deem  advantageous. 

Chemical  Laboratories. 
P.  L.  L.,   (1860)  Ai't.  4,  sec.  149.     P.  L.  L.,   (1888)   Art.  4,  sec.  387. 

493.  No  person  shall  erect  or  assist  in  the  erecting  any 
chemical  laboratory  within  the  limits  of  said  city  without  the 
consent  of  the  city,  and  the  city  may  provide  by  ordinance  for 
preventing  the  erection  of  any  such  laboratory,  and  for  re- 
moving or  preventing  the  use  of  any  that  shall  be  erected. 

Children's  Playgrounds. 

1906,  ch.  201. 

493a.  The  Mayor  and  City  Council  of  Baltimore  is  auth- 
orized and  empowered  to  enter  into  an  agreement  with  the 
duly  constituted  officers  of  the  Children's  Playground  Associa- 
tion (Division  Eight  United  Women  of  Maryland)  for  the 
maintenance  of  Children's  Playgrounds  in  the  City  of  Balti- 
more, for  such  length  of  time  and  upon  such  terms  as  the 
Mayor  and  City  Council  of  Baltimore  may  deem  advantageous. 


267 

1908,  ch.  511. 

4931).  That  the  Mayor  and  City  Council  of  Baltimore  be 
and  it  is  hereby  authorized  and  empowered  to  enter  into  an 
agreement  with  the  Children's  Playground  Association  of  Bal- 
timore City,  a  body  corporate,  for  the  maintenance  of  children's 
playgrounds  in  the  City  of  Baltimore,  for  such  length  of  time 
and  upon  such  terms  as  the  Mayor  and  City  Council  of  Balti- 
more may  deem  advantageous. 

1908,  ch.  511. 

493c.  That  any  contract  or  appropriation  heretofore  made 
or  provided  for  by  the  Mayor  and  City  Council  of  Baltimore  in 
pursuance  of  the  provisions  of  Chapter  201  of  the  Acts  of  the 
General  Assembly  of  Maryland,  session  of  1906,  with  the  duly 
constituted  officers  of  the  Children's  Playground  Association 
(Division  Eight,  United  Women  of  Maryland)  may,  with  the 
written  consent  of  the  said  officers,  be  transferred  to  and  con- 
tinued in  the  Children's  Playground  Association  of  Baltimore 
City,  a  body  corporate. 

Hospitals  for  Infectious  Diseases. 
1902,  ch.  36. 
493d.  'No  hospital  for  the  treatment  of  infectious  or  con- 
tagious diseases  shall  be  erected  or  maintained  in  the  City 
of  Baltimore,  nor  shall  any  money  be  appropriated  or  used  by 
the  Mayor  and  City  Council  of  Baltimore  for  the  erection  and 
maintenance  of  any  such  hospital  until  the  site  upon  which  said 
hospital  is  to  be  located  shall  first  be  approved  and  authorized 
by  an  ordinance  of  the  Mayor  and  City  Council  of  said  munici- 
pality, which  said  ordinance  shall  be  approved  by  a  vote  in  each 
branch  of  said  City  Council  of  not  less  than  two-thirds  of  all 
the  members  elected  thereto. 

1902,  ch.  36. 

493e.  The  ordinance  providing  for  the  selection  of  any  site 
shall  specify  fully  and  clearly  the  character  of  the  diseases  to 
be  treated  in  the  hospital  to  be  erected  thereon,  and  when  said 
hospital  is  erected,  no  other  diseases  except  those  specified  shall 
be  treated  therein  unless  authorized  by  an  additional  ordinance 
approved  in  the  manner  as  set  forth  in  section  1  of  this  Act. 

Sections  493d  and  493e,  are  sections  1  and  2  of  Act  1902,  ch.  36. 

1902,  ch.  348. 
493f.     Whenever  in  the   interest  of  the  public  health,  the 


268 

• 

erection  or  maintenance  of  temporary  buildings,  hospitals  or 
places  of  detention  for  the  treatment  of  infectious  or  con- 
tagious diseases  shall  become  necessary,  such  buildings,  hos- 
pitals or  places  of  detention  for  temporary  purposes  shall  be 
authorized  by  an  ordinance  of  the  Mayor  and  City  Council 
of  Baltimore,  and  such  ordinance  shall  name  the  diseases  to  be 
treated  and  describe  the  location  of  said  building  or  buildings, 
hospital  or  hospitals,  or  such  places  of  detention ;  provided  that 
nothing  in  this  Act  shall  be  construed  to  prevent  the  detention 
by  the  health  officers  of  said  City  of  Baltimore  of  any  person 
or  persons  that  may  be  suspected  of  being  infected  with  or 
having  an   infectious   or   contagious   disease. 

1898,  ch.  362. 

493g.  The  Mayor  and  City  Council  of  Baltimore  be  and 
they  are  authorized  and  empowered  hereafter  to  appropriate, 
annually,  and  to  give  for  the  use  and  benefit  of  the  Hospital 
for  Consumptives  of  Maryland  of  Baltimore  City,  any  sum 
or  sums  of  money  which  they  may  deem  proper;  provided  the 
sum  shall  not  exceed  four  thousand  dollars  per  annum  for 
any  one  year. 

Infants  in  Improper  Homes  or  Care. 
1906,  ch.  334. 

493h.  No  midwife,  institution,  corporation  or  home  not 
duly  incorporated  for  such  purpose  shall  receive  infants  or 
young  children  for  the  purpose  of  caring  for  them  with  a  view 
to  compensation  without  first  securing  a  license  from  the  Board 
of  Health. 

1906,  ch.  334,  see.  2. 

493i.  Before  the  granting  of  such  a  license  the  Board  of 
Health  shall  require  each  application  to  be  endorsed  by  four 
reputable  citizens  and  as  far  as  possible  thereafter  a  record 
shall  be  kept  by  the  Commissioner  of  Health  containing  the 
full  name  and  address  of  each  infant  or  child  received,  the 
date  of  its  birth,  the  date  of  its  reception,  and  in  case  of  a 
change  in  address,  the  date  and  place  of  its  removal. 

1906,  ch.  334,  see.  3. 

493j.  Before  issuing  said  license  the  home  or  institution 
of  each  applicant  shall  be  visited  by  an  agent  or  inspector  of 
the  Board  of  Health,  and  a  full  investigation  made  as  to  the 


269 

sanitary  conditions,  accommodations,  the  ability  and  fitness  of 
the  applicant  to  take  charge  of  such  infant  or  child,  and  such 
other  information  bearing  on  the  subject  as  may  be  of  value, 
and  that  the  agent's  report  and  recommendation  may  be  a 
basis  upon  which  the  Board  of  Health  may  base  its  action  for 
granting  or  rejecting  the  application  for  such  license. 

1906,  ch.  334,  sec.  4. 

493k.  Any  midwife  or  institution,  corporation  or  person 
which  shall  receive  or  board  an  infant  or  small  child  under 
three  years  of  age  with  a  view  to  compensation  without  first 
securing  such  license,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  $25.00  and  costs 
for  each  and  every  offence,  one-half  of  the  said  fine  to  be  paid 
to  the  informer,  and  upon  failure  to  pay  the  fine  imposed  and 
the  cost  of  the  proceedings,  the  person  or  persons  so  convicted 
shall  be  committed  by  the  Court  or  Justice  who  imposed  such 
fine,  to  the  City  Jail  for  a  period  not  less  than  ten  days,  nor 
more  than  thirty  days. 

1906,  ch.  334,  sec.  5. 

4931.  The  provisions  of  this  Act  shall  in  no  way  be  regarded 
as  applying  to  such  persons  or  homes  as  may  be  recommended 
by  the  Supervisors  of  City  Charities  of  Baltimore  City. 

Act  1906,  ch.  334,  codified  as  sections  493h  to  4931,  inclusive,  of  the 
Charter. 

494 — 504.  Sections  494  to  504,  inclusive,  of  the  Charter 
were  repealed  by  Act  1902,  Chapter  179. 

Seats  for  Female  Employes  in  Stores  or  Factories. 
18S2,  ch.  35.     P.  L.  L.,    (1888)   Art.  4,  see.  398.     1900,  ch.  589. 

505.  Every  employer  of  females  in  any  mercantile  or  man- 
ufacturing establishment  in  the  City  of  Baltimore  nmst  provide 
and  maintain  suitable  seats  for  the  use  of  such  employes.  A 
person  is  deemed  not  to  maintain  suitable  seats  for  the  use  of 
female  employes  unless  he  pennits  the  use  thereof  by  such 
employes  to  such  extent  as  may  be  reasonable  for  the  preserva- 
tion of  health  and  proper  rest ;  and  the  question  of  what  is  thus 
reasonable  is  one  for  determination  by  the  jury  or  the  court 
acting  as  a  jury  in  any  prosecution  hereunder. 

1882,  ch.  35.     P.  L.  L.,   (1888)  Art.  4,  sec.  399. 

506.  Any   violnti^ni    of   tlu'   ]u-ooo(ling   section   by   any   em- 


270 

ployer  shall  be  deemed  a  misdemeanor,  and  shall  be  punishable 
by  a  fine  of  one  hnndred  and  fifty  dollars,  to  be  collected  as 
other  fines  are  collected. 

Tenement  and  Lodging  Houses. 

1886,  ch.  396.    P.  L.  L.,  (1888)  Art.  4,  sec.  400. 

507.  The  Mayor  and  City  Council  of  Baltimore  are  auth- 
orized and  directed  to  enact  ordinances  regulating  the  con- 
struction, care,  use  and  management  of  tenement  houses,  lodg- 
ing houses  and  cellars  in  the  City  of  Baltimore,  for  the  better 
protection   of   the   lives   and   health   of   the   inmates   dwelling 

therein. 

State  V.  Hymen,  98  Md.  596. 

1886,  ch.  396.     P.  L.  L.,  (1888)  Art.  4,  sec.  401.     1900,  ch.  557. 

1908,  ch.  190. 

508.  A  tenement  house  shall  be  taken  to  mean  and  include 
every  house,  building  or  portion  thereof  which  is  rented,  leased, 
let  or  hired  out  to  be  occupied  or  is  occupied  as  the  house  or 
residence  of  three  or  more  families,  living  independently  of 
one  another,  and  doing  their  own  cooking  upon  the  premises, 
or  by  more  than  two  families  upon  a  floor  so  living  or  cooking, 
but  having  a  common  right  in  the  halls,  stairways,  yards, 
water  closets  or  privies,  or  some  of  them;  a  lodging  house  shall 
be  taken  to  mean  and  include  any  house  or  building,  or  portion 
thereof,  in  which  persons  are  harbored,  or  received,  or  lodged 
for  hire  for  a  single  night,  or  for  less  than  a  week  at  one  time, 
or  any  part  of  which  is  let  for  any  person  to  sleep  in  for  any 
time  less  than  a  week ;  a  cellar  shall  be  taken  to  mean  and  in- 
clude every  basement  or  lower  story  of  any  building  or  house 
of  which  one-half  or  more  of  the  height  from  the  floor  -to  the 
ceiling  is  below  the  level  of  the  street  adjoining. 

State  Board  of  Commissioners  of  Practical  Plumbing. 
1886.  ch.  439.     P.  L.  L.,   (1888)  Art.  4,  sec.  402.     1894,  ch.  609. 

509.  It  shall  not  be  lawful  for  any  person,  firm  or  corpora- 
tion engaged  in  the  plumbing  business  in  the  City  of  Baltimore 
to  employ  as  workmen  in  said  business  any  persons,  except 
those  qualified  to  work  at  the  plumbing  business,  as  provided 
in  section  511  of  this  Article;  and  no  person  shall  be  qualified 
to  work  at  the  plumbing  business  unless  he  has  made  applica- 
tion to  and  received  from  the  State  Board  of  Commissioners 
of  Practical  Plumbing  the  certificate  of  competence  provided 


271 

for  in  section  511  of  this  Article,  and  is  otherwise  qualified, 
as  required  by  this  sub-division  of  this  Article.  Any  person 
or  firm  engaged  in  the  plumbing  business  in  the  City  of  Balti- 
more, and  the  superintendent,  manager,  agent  or  other  officer 
of  any  corporation,  engaged  in  the  plumbing  business  in  the 
City  of  Baltimore,  who  shall  employ  any  person  to  work  at 
the  plumbing  business  not  qualified  as  required  by  this  sub- 
division of  this  Article  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars  for  every  day  or  part  of  every  day 
that  such  employer  shall  employ  such  workman. 

Singer  v.  State,  72  Md.  464.     Davidson  v.  State,  77  Md.  388.     State  v. 
Knowles,  90  Md.  657. 

1886,  ch.  439.    P.  L.  L.,  (1888)  Art.  4,  sec.  403.     1894,  ch.  609. 

510.  If  any  person  shall  w^ork  at  the  plumbing  business  in 
the  City  of  Baltimore  without  being  qualified  as  required  by 
this  sub-division  of  this  Article  he  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  for  every  day  or  part 
of  every  day  that  such  workman  shall  work  at  the  plumbing 
business. 

Singer  v.  State,  72  Md.  464.    Davidson  v.  State,  77  Md.  388. 

1886,  ch.  439.     P.  L.  L.,  (1888)  Art.  4,  sec.  404. 

511.  The  Governor  shall  appoint  biennially  five  persons,  who 
shall  constitute  a  Board  of  Commissioners,  which  shall  be 
known  and  designated  as  "The  State  Board  of  Commissioners 
of  Practical  Plumbing,"  and  who  shall  be  selected  as  follows: 
Three  persons  who  are  practical  and  skilled  plumbers  from 
the  City  of  Baltimore,  the  Commissioner  of  Health  of  Balti- 
more City,  and  a  member  of  the  State  Board  of  Health,  from 
the  State  at  large,  whose  duty  it  shall  be  to  faithfully  and  im- 
partially execute,  or  cause  to  be  executed,  all  the  provisions 
and  requirements  of  this  and  the  two  preceding  sections ;  upon 
application  and  in  such  manner  and  at  such  place  as  they  may 
determine,  provided  said  place  of  examination  shall  be  within 
the  limits  of  the  City  of  Baltimore,  they  shall  examine  each  and 
every  person  who  shall  desire  to  work  at  the  phiiiihnig  business, 
touching  his  competency  and  qualifications ;  and  upon  being 
satisfied  that  the  person  so  examined  is  competent  and  quali- 
fied to  work  at  said  business,  they,  or  any  three  of  them,  shall 
grant  such  person  a  certificate  of  competency,  and  register  him 
in  their  books  as  a  practical  plimibcr,  which  shall  operate  as 


272 

full  authority  to  him  to  conduct  and  engage  in  the  said  business 

of  plumbing. 

Davidson  v.  State,  77  Md.  388. 

1886,  ch.  439.    P.  L.  L.,  (1888)  Art.  4,  sec.  405. 

512.  The  said  Board  of  Commissioners  shall  demand  and 
receive  from  each  applicant  for  a  certificate  of  competency 
whom  they  examine  and  pass  the  sum  of  three  dollars  at  the 
time  of  the  issuance  of  said  certificate,  and  the  sum  of  one  dollar 
for  the  renewal  thereof  each  and  every  year  thereafter,  on  or 
before  the  first  day  of  May. 

Davidson  v.  State,  77  Md.  388. 

1886,  ch.  439.     P.  L.  L.,   (1888)  Art.  4,  sec.  406. 

513.  The  money  received  under  the  provisions  of  the  fore- 
going section  shall  be  used  and  applied  by  said  Commissioners 
to  defray  their  expenses,  and  all  surplus  over  and  above  their 
necessary  expenses  shall  be  returned  to  the  State  Treasurer 
for  the  use  of  the  State. 

Davidson  v.  State,  77  Md.  388. 

1886,  ch.  439.     P.  L.  L.,   (1888)   Art.  4,  sec.  407.     1894,  ch.  609. 

1904,  ch.  636. 

514.  Said  Commissioners  shall  hold  their  several  offices  for 
the  period  of  two  years,  commencing  from  the  first  day  of  May 
in  the  year  1886,  and  thereafter  until  their  successors  have  been 
appointed  and  qualified;  each  Commissioner,  within  thirty 
days  after  notification  of  his  appointment,  shall  take  and  sub- 
scribe an  oath  or  affirmation  before  the  Clerk  of  the  Superior 
Court  of  Baltimore  City  to  impartially  and  faithfully  discharge 
his  duties  as  Commissioner;  every  person  appointed  Commis- 
sioner who  shall  refuse  or  neglect  to  take  the  oath  or  affirma- 
tion provided  for  in  this  section,  within  the  period  named,  shall 
be  deemed  to  have  refused  said  office,  and  the  Governor  shall 
immediately  appoint  some  person  qualified,  as  provided  in 
section  511  of  this  Article,  to  fill  the  vacancy  thus  created; 
each  of  said  Commissioners  shall  receive  the  sum  of  five  dollars 
for  every  day  that  he  shall  be  present  at  a  meeting  of  said 
Board  for  the  transaction  of  business,  provided,  however,  that 
in  each  year  he  shall  not  receive  compensation  for  more  than 
thirty  days;  and  provided  also,  that  said  compensation  shall 
be  paid  out  of  the  fees  or  other  sums  received  by  said  Board. 

Davidson  v.  State,  77  Md.  388. 


273 

•  1886,  ch.  439.     P.  L,  L.,   (1888)  Art.  4,  sec.  408. 

515.  The  said  Board  of  Commissioners  are  empowered  to 
make  such  rules  and  regulations  from  time  to  time  as  in  their 
judgment  they  may  deem  necessary  and  requisite;  and  they 
shall  make  a  report  of  the  condition  of  the  Board  to  the  Gover- 
nor biennially,  on  or  before  the  first  day  of  February,  with  a 
full  statement  of  their  receipts  and  expenditures. 

HORSESHOEING. 

1898,  ch.  491. 

515a.  It  shall  be  unlawful  for  any  person  to  practice  horse- 
shoeing in  the  City  of  Baltimore  or  in  the  twelfth  district  of 
Baltimore  County,  unless  such  person  has  obtained  a  certificate 
and  has  been  duly  registered  as  hereinafter  provided. 

Board  of  Examiners  of  Tlorseshoers. 

1898,  ch.  491. 

515b.  A  ''Board  of  Examiners  for  Horseshoers"  is  created, 
which  shall  consist  of  five  members,  one  of  whom  shall  be  doing 
business  as  veterinarian  only,  two  master  horseshoers  and  two 
journeymen  horseshoers,  all  doing  business  in  Baltimore  City, 
whose  duty  it  shall  be  to  carry  out  the  purposes  and  enforce 
the  provisions  of  this  Act.  The  members  of  said  Board  shall 
be  appointed  by  the  Governor,  and  the  term  for  which  they  shall 
hold  office  shall  be  for  four  years,  except  that  the  members  of 
said  Board  to  be  first  appointed  under  this  Act  shall  be  desig- 
nated by  the  Governor  to  serve  one  for  two  years,  two  for  three 
years  and  two  for  four  years,  and  unless  removed  by  the  Gov- 
ernor, until  their  successors  are  duly  appointed.  Any  vacancy 
in  said  Board,  for  any  cause,  shall  be  filled  by  the  Governor, 

1898,  ch.  491. 

515c.  Said  Board  shall  meet  in  the  month  of  May  next  after 
the  passage  of  this  Act,  and  organize  by  the  election  of  a  presi- 
dent and  secretary,  and  thereafter  shall  hold  regular  meetings 
in  the  months  of  May  and  November  in  every  year,  and  such 
special  meetings  for  the  examinations  of  persons  desiring  to 
practice  horseshoeing,  as  occasion  may  require ;  that  they  shall 
pass  such  by-laws  and  prescribe  such  rules  and  regulations  as 
may  be  necessary  to  carry  into  effect  the  provisions  of  this  Act ; 
and  said  Board  shall  at  its  first  meeting,  prescribe  and  clearly 
define  the  qualifications  and  tests  necessary  to  obtain  a  certifi- 
cate as  master  or  journeyman  horseshoer.     Printed  copies  of 


274 

such  requirements  shall  be  furnished  to  all  persons  desiring  to 
pass  an  examination  for  said  certificate,  and  any  person  who 
shall,  on  examination  be  found  by  a  majority  of  said  Board  to 
possess  the  said  requirements  so  prescribed,  shall  be  granted  a 
certificate  to  that  effect  on  the  pa^nnent  to  said  Board  of  a 
fee  of  two  dollars ;  and  all  proceedings  of  said  Board  shall  be 
open  to  public  inspection. 

1898,  ch.  491. 

515d.  Any  person  who  has  practiced  as  a  master  or  journey- 
man horseshoer  in  the  City  of  Baltimore  or  the  twelfth  dis- 
trict of  Baltimore  County,  for  three  years  prior  to  the  passage 
of  this  Act,  who  will  file  an  afiidavit  to  that  effect  with  said 
Board,  shall  be  entitled  to  a  certificate  without  examination,  on 
the  payment  of  a  fee  of  twenty-five  cents  to  said  Board ;  or  any- 
one who  has  a  certificate  from  any  duly  constituted  examining 
board  of  the  State  of  Maryland,  or  of  any  other  State,  that  he  is 
a  competent  master  or  journeyman  horseshoer,  on  filing  and 
registering  said  certificate  or  a  copy  thereof  with  said  Board, 
shall  be  entitled  to  a  certificate  from  said  Board  without  an 
examination,  on  payment  of  a  fee  of  two  dollars,  but,  that  after 
the  passage  of  this  Act,  no  person  who  has  not  served  an  ap- 
prenticeship at  horseshoeing  for  a  period  of  three  years  shall 
be  entitled  to  an  examination  for  said  certificate. 

1898,  ch.  491. 

515e.  All  'certificates  issued  by  said  Board  shall  be  signed 
by  its  officers  and  bear  its  seal,  and  the  secretary  of  said  Board 
shall  keep  a  book  in  which  all  certificates  so  issued  and  the 
names  of  the  persons  to  whom  the  same  shall  have  been  issued 
shall  be  duly  registered,  and  a  transcript  from  said  book  of 
registration,  certified  by  the  secretary,  with  the  seal  of  the 
Board,  shall  be  evidence  in  any  court  in  the  State,  and  said 
secretary  shall  furnish  to  any  one  a  copy  of  his  certificate  on  pay- 
ment of  the  sum  of  one  dollar. 

1898,  ch.  491. 

515f.  Any  person  w^ho  shall  violate  any  of  the  provisions 
of  this  Act  shall  be  guilty  of  a  misdemeanor,  and  upon  the 
conviction  thereof  in  any  court  having  criminal  jurisdiction, 
shall  be  fined  not  more  than  twenty-five  dollars  or  be  confined 
in  the  Baltimore  City  jail  or  Baltimore  County  jail,  not  more 
than  one  month,  in  the  discretion  of  the  court.  All  fines  re- 
ceived under  this  Act  shall  be  paid  into  the  common  school 


275 

fund  of  the  City  of  Baltimore,  or  of  Baltimore  County,  if  the 
offence  shall  have  been  committed  in  said  county.  The  pro- 
visions of  this  Act  shall  not  interfere  with  the  right  of  the 
owners  of  horses  to  have  them  shod  at  their  own  shops. 

HOUKS  OF  LABOK  AND  WAGES. 

p.  L.  L.,   (1888)  Art.  4,  sec.  31A.     1898,  cli.  458.     1908,  ch.  85.     1910,  ch. 

94,  sec.  2. 

516.  That  eight  hours  shall  constitute  a  day's  work  for  all 
laborers,  workmen  or  mechanics  who  may  be  employed  by  or  on 
behalf  of  the  Mayor  and  City  Council  of  Baltimore,  except  in 
cases  of  extraordinary  emergency,  which  may  arise  in  time  of 
war  or  in  cases  where  it  may  be  necessary  to  work  more  than 
eight  hours  per  calendar  day  for  the  protection  of  property  or 
human  life ;  provided,  that  in  all  such  cases  the  laborer,  work- 
man or  mechanic  so  employed  and  working  to  exceed  eight  hours 
per  calendar  day  shall  be  paid  on  the  basis  of  eight  hours  con- 
stituting a  day's  work;  provided  further,  that  the  rate  of  per 
diem  wages  paid  to  laborers,  workmen  or  mechanics  employed 
directly  by  the  Mayor  and  City  Council  of  Baltimore  shall  not 
be  less  than  two  dollars  per  diem;  provided  further,  that  not 
less  than  the  current  rate  of  per  diem  wages  in  the  locality 
where  the  work  is  performed  shall  be  paid  to  laborers,  work- 
men or  mechanics  employed  by  contractors  or  sub-contractors  in 
the  execution  of  any  contract  or  contracts,  in  any  public  work 
within  the  City  of  Baltimore. 

1910,  ch.  94,  sec.  3. 

516a.  That  all  contracts  hereafter  made  by  or  on  behalf 
of  the  Mayor  and  City  Council  of  Baltimore  with  any  person 
or  persons  or  corporation,  for  the  performance  of  any  work  with 
the  City  of  Baltimore,  shall  be  deemed  and  considered  as 
made  upon  the  basis  of  eight  hours  constituting  a  day's  work, 
and  it  shall  be  unlawful  for  any  such  person  or  persons  or  cor- 
poration to  require  or  permit  any  laborer,  workman  or  me- 
chanic to  work  more  than  eight  hours  per  calendar  day  in 
doing  such  work,  except  in  the  cases  and  upon  the  conditions 
provided  in  section  2  of  this  Act. 

1910,  ch.  94,  sec.  4. 

516b.  That  any  officer  of  the  Mayor  and  City  Council  of 
Baltimore,  or  any  person  acting  under  or  for  such  officer,  or 
any  contractor  or  sub-contractor  or  other  person  acting  for  thein, 
violating  any  of  the  provisions  of  this  Act,  shall  for  each  and 


276 

every  offense  be  fined  not  less  than  ten  dollars  nor  more  than 
fifty  dollars  for  each  and  every  offense,  one-half  of  such  fine 
to  go  to  the  informer ;  said  fines  to  be  collected  as  other  fines  are 
collected  by  lavr. 

1910,  ch.  94,  sec.  5. 
516c.     That  the  provisions  of  this  Act  should  not  apply  to 
the  employees  of  the  Fire  Department,  Bay  View  Asylum  or 
the  Baltimore  City  Jail. 

HOUSES  OF  KEFUGE  AND  REFORMATION. 

1878,  ch.  267.  1880,  cli.  111.  1880,  ch.  323.  1890,  ch.  61.  1890,  ch.  392. 

P.  L.  L.,  (1888)  Art.  4,  sec.  410.  1902,  ch.  391.  1906,  ch. 

469.    1908,  ch.  246.    1910,  ch.  271.    1912,  ch.  332. 

517.  The  Mayor  and  City  Council  of  Baltimore  may  an- 
nually appropriate  a  sufiicient  sum  of  money  to  pay  for  the  sup- 
port and  maintenance  of  each  minor  committed  from  the  City 
of  Baltimore  by  legal  process,  not  exceeding  $120.00  per  an- 
num for  each  minor  so  committed  to  the  following  reforma- 
tories :  Maryland  School  for  Boys,  St.  Mary's  Industrial 
School,  Colored  House  of  Reformation,  House  of  Good  Shep- 
herd for  Colored  Girls,  Industrial  Home  for  Colored  Girls, 
and  to  any  other  reformatories  to  which  such  minors  may  be 
so  committed;  and  may  appropriate  in  conformity  with  the 
requirements  of  sections  105-107  of  this  Article  annually,  a 
sum  of  money  not  exceeding  five  thousand  dollars  ($5,000) 
to  the  Boys'  Home  Society  of  Baltimore  City,  and  annually 
a  sum  of  money  not  exceeding  ten  thousand  dollars  ($10,000) 
to  the  Female  House  of  Refuge;  and  St.  Vincent's  Male  Or- 
phan Asylum  of  Baltimore  City  any  sum  now  due  said  institu- 
tion for  care  of  destitute  or  other  minors  committed  by  the 
Court  or  other  police  magistrates  to  its  care,  or  who  may  here- 
after be  committed,  not  exceeding  the  sum  of  ten  thousand  dol- 
lars per  year,  and  the  said  Mayor  and  City  Council  of  Balti- 
more are  further  authorized  and  empowered  to  appropriate 
for  repairs,  permanent  improvements  and  additions  to  the 
buildings  and  grounds  now  used  or  hereafter  to  be  used  by  the 
Maryland  School  for  Boys  and  its  successors,  an  additional  sum 
or  sums  of  money  as  in  their  judgment  shall  from  time  to  time 
be  required  for  those  purposes. 

The  Female  House  of  Refuge  stands  in  loco  parentis  to  the  inmates 
thereof.     As  to  rights  of  such  inmates,  see. 

Cole  V.  Female  House  of  Refuge,  Daily  Record,  December  20,  1895. 

Funds  of  CharitaUe  Institutions:  Are  not  liable  to  the  payment  of 
damages,  being  regarded  as  trust  funds,  and  as  such  not  liable  in  an 
action  for  damages. 


277 

Turner  v.  Baltimore  Huiuaue  aud  Impartial  Society,  Daily  Record, 
December  17,  1901. 

The  Act  1906,  ch.  146,  appropriated  $50,000  for  the  improvement  of 
a  tract  of  laud  near  Loch  Kaveu,  Baltimore  County,  by  the  erection  of 
additional  buildings  for  the  House  of  Refuge  and  the  equipment  of 
same.  The  Act  1906,  ch.  522,  appropriated  a  similar  sum  for  a  like 
pui'pose  to  St.  Mary's  Industrial  School. 

1908,  ch.  132. 

517A.  The  Major  and  City  Council  of  Baltimore  are  further 
authorized  and  empowered  to  appropriate  for  repairs,  perma- 
nent improvements  and  additions  to  the  buildings  and  grounds 
now  used  or  hereafter  to  be  used  by  the  Female  House  of 
Refuge  and  its  successor  such  additional  sum  or  sums  of  money 
as  in  their  judgment  shall  from  time  to  time  be  required  for 
those  purposes. 

1908,  ch.  499. 

517B.  The  Mayor  and  City  Council  of  Baltimore  are  further 
authorized  and  empowered  to  appropriate  for  repairs,  perma- 
nent improvements  and  additions  to  the  buildings  and  grounds 
now  used  or  hereafter  to  be  used  by  the  Saint  Mary's  Industrial 
School  for  Boys  of  the  City  of  Baltimore  and  its  successors,  such 
additional  sum  or  sums  of  money  as  in  their  judgment  shall 
from  time  to  time  be  required  for  those  purposes. 

1910,  ch.  169. 

517C.  The  Mayor  and  City  Council  of  Baltimore  are  further 
authorized  and  empowered  to  appropriate  for  the  furtherance 
and  support  of  the  prison  reform  and  relief  work  of  the  Pris- 
oners' Aid  Association  of  Maryland  such  sum  or  suras  ot  money 
not  exceeding  the  sum  of  live  thousand  dollars  per  annum,  as 
in  their  judgxaent  shall  from  time  to  time  be  required  for  those 
purposes. 

1914,  ch.  520. 

517C.  The  Mayor  and  City  Council  of  Baltimore  are 
further  authorized  and  empowered  to  appropriate  for  repairs, 
permanent  improvements  and  additions  to  the  buildings  and 
grounds  now  used  or  hereafter  to  be  used  by  the  IsTational  Junior 
Republic,  and  its  successors,  such  additional  sum  or  sums  of 
money  as  in  their  judgment  shall  from  time  to  time  be  re(iuircd 
for  those  purposes;  and  the  Mayor  and  City  Council  of  Balti- 
more are  further  authorized  and  empowered  to  pay  to  tlie  iVa- 
tional  Junior  Republic  the  sum  of  $500,  carried  forward  on  the 
books  of  the  Comptroller  of  Baltimore  City  to  the  credit  of  tlio 
National  Junior  Republic  from  the  appropriation  in  the  Ordi- 


278 

nance  of  Estimates  for  the  .year  1912  and  a  like  sum  of  $500, 
carried  forward  on  the  books  of  the  Comptroller  of  Baltimore 
City  from  the  appropriation  to  the  N^ational  Junior  Republic 
in  the  Ordinance  of  Estimates  for  the  year  1913,  making  a 
total  of  $1,000,  the  said  $1,000  being  carried  forward  to  be  paid 
to  the  National  Junior  Republic  for  repairs,  permanent  im- 
provements and  additions  to  its  buildings  and  grounds,  subject 
to  ratification  by  the  General  Assembly  of  Maryland. 

190S,  ch.  458. 
517d.  That  the  Mayor  and  City  Council  of  Baltimore  City 
are  hereby  authorized  and  empowered  to  appropriate  annually 
towards  the  current  expenses  of  "The  Home  for  Fallen  Women 
of  Baltimore  City,"  any  sum  or  sums  of  money,  not  exceeding 
fifteen  hundred  dollars  per  annum, 

1908,  ch.  474. 
517e.  That  the  Mayor  and  City  Council  of  Baltimore  City 
are  hereby  authorized  and  empowered  to  appropriate  annually 
towards  the  current  expenses  of  "The  Florence  Crittenden 
Mission  of  Baltimore  City"  any  sum  or  sums  of  money  not 
exceeding  fifteen   hundred   dollars   per   annum. 

1912,  ch.  356. 
517f.  That  all  legacies  now  existing  or  hereafter  given  by 
persons  dying,  after  the  date  of  this  act,  and  all  appropriations 
made  or  hereafter  to  be  made  by  the  General  Assembly  of  Mary- 
land, or  by  the  Mayor  and  City  Council  of  Baltimore,  and 
intended  for  The  Exeter  Street  Rescue  Home  for  Women,  but 
given  or  made  by  its  former  name  of  The  Home  for  Fallen 
Women  of  Baltimore  City  instead  of  its  present  name,  shall 
remain  and  inure  to  the  benefit  of  The  Exeter  Street  Rescue 
Home  for  Women. 

1878,  ch.  442.    P.  L.  L.,   (1888)  Art.  4,  sec.  411. 

518.  The  Judge  of  the  Criminal  Court  of  Baltimore,  the 
President  of  the  Board  of  Police  Commissioners,  and  the 
Marshal  of  the  Police  of  the  City  of  Baltimore,  shall,  at  such 
times  as  they  may  think  proper,  visit  and  inspect  the  House 
of  Good  Shepherd. 

IMMIGRANTS. 

1832,  ch.  203.     1833,  ch.  177.     1834,  ch.  34.     1841,  ch.  174.     1839,  ch.  46. 
P.  L.  L.,   (1860)  Art.  4,  sec.  250.     P.  L.  L.,   (1888)   Art.  4,  sec.  412. 

519.  The  master  or  commander  of  any  vessel  arriving  from 
a  foreign  country  or  from  any  other  of  the  United  States,  who 


I  I 


279 

shall  enter  said  vessel  at  the  custom  house  in  the  City  of  Balti- 
more, shall  within  twenty-four  hours  after  such  entry,  make  a 
report  in  writing  on  oath  to  the  Mayor  of  said  city,  of  the 
name,  age  and  occupation  of  every  alien  who  shall  have  been 
brought  or  carried  as  passenger  in  such  vessel  on  that  voyage, 
upon  pain  of  forfeiture,  for  every  neglect  or  omission  to  make 
such  report,  of  the  sum  of  twenty  dollars  for  every  such  passen- 
ger neglected  or  omitted  to  be  so  reported. 
See  note,  Baltimore  City  Code  (1879),  page  471. 

P.  L.  L.,   (18G0)  Art.  4,  sec.  251.     P.  L.  L.,   (1888)  Art.  4,  sec.  413. 

520.  The  Mayor,  or  other  person  discharging  the  duties  of 
his  office,  shall  require  the  owner  or  consignee  of  every  vessel 
arriving  from  a  foreign  country,  or  from  any  other  of  the  United 
States,  which  shall  be  entered  in  said  custom-house,  upon  pain 
of  forfeiture  to  the  Mayor  and  City  Council  of  Baltimore,  of 
twenty  dollars  for  every  neglect  or  omission  to  give  a  several 
bond  to  the  State  of  Maryland  in  the  penalty  of  three  hundred 
dollars,  for  each  passenger  included  in  the  report  of  the  master 
or  commander  of  such  vessel  directed  to  be  made  by  the  pre- 
ceding section,  and  conditioned  to  indemnify  and  save  harm- 
less each  and  every  city,  town  and  county  in  this  State,  from  any 
cost  which  such  city,  town  or  county  shall  incur,  for  the  relief  or 
support  of  the  person  named  in  the  bond,  within  five  years  from 
the  date  of  the  bond,  and  also  to  indemnify  and  refund  any 
charge  or  expense  such  city,  town  or  county  may  necessarily 
incur  for  the  support  or  medical  care  of  the  person  named 
therein,  if  received  into  the  almshouse  or  hospital  or  any  other 
institution  under  their  care. 

P.  L.  L.,   (I860)   Art.  4,  sec.  252.     P.  L.  L.,   (1888)   Art.  4,  sec.  414. 

521.  Every  such  bond  shall  be  signed  by  two  or  more  suffi- 
cient .securities,  residents  of  the  State  of  Maryland,  each  of 
whom  shall  prove,  by  oath  or  otherwise,  that  he  is  owner  of  a 
freehold  in  said  State  of  the  value  of  three  hundred  dollars 
over  and  above  all  claims  or  liens  thereon  or  against  him,  in- 
cluding any  contingent  claim  which  may  accrue  from  or  upon 
any  former  bond  given  under  the  provisions  of  this  sub-division 
of  this  Article. 

p.  L.  L.,   (1860)   Art.  4,  sec.  258.     P.  L.  L.,   (IRSS)   Art.  4,  sec.  415. 

522.  If  the  principal  in  said  bond  choose,  instead  of  tlie 
sc(;ui-ity  required  in  the  preceding  sections,  ho  may  secure  said 
b(jnd  by  mortgage  of  real  estate,  or  by  the  pledge  and  transfer  of 


280 

public  stock  of  the  United  States,  or  of  the  State  of  Maryland, 
or  of  the  City  of  Baltimore,  or  by  deposit  of  the  amount  of  the 
penalty  in  some  bank,  subject  to  the  order  of  the  Mayor  of  the 
city. 

P.  L.  L.,   (I860)   Art.  4,  sec.  254.     P.  L.  L.,   (1888)   Art.  4,  sec.  416. 

523.  Any  security,  whether  real  or  personal,  offered  by  such 
owner  or  consignee,  shall  first  be  approved  by  the  Mayor  of 
the  city. 

P.  L.  L.,   (1860)  Art.  4,  sec.  255.     P.  L.  L.,   (1888)  Art.  4,  sec.  417. 

524.  The  owner  or  consignee  of  any  vessel  may  at  any 
time  within  three  days  after  the  landing  of  such  passengers, 
commute  for  the  bond  hereinbefore  required,  by  paying  to  the 
City  Register  the  sum  of  one  dollar  and  fifty  cents  for  each 
and  every  passenger  reported  as  hereinbefore  required  by  this 
sub-division  of  this  Article,  and  the  receipt  of  such  sum  by  the 
City  Register  shall  be  deemed  a  full  and  sufficient  discharge 
from  the  requirement  of  giving  such  bond. 

P.  L.  L.,   (1860)  Art.  4,  sec.  256.     P.  L.  L.,   (1888)   Art.  4,  sec.  418. 

525.  If  any  alien  passenger  in  such  vessel  shall  be  suffered 
to  land  therefrom  at  any  place  within  the  distance  of  fifty  miles 
from  said  city,  with  the  intent  to  proceed  thereto  otherwise 
than  in  said  vessel,  the  master  or  commander  thereof  shall  for- 
feit and  pay  for  every  such  person  the  sum  of  one  hundred  dol- 
lars, unless  within  forty-eight  hours  after  the  entry  of  the  vessel, 
the  owner  or  consignee  shall  give  bonds  or  pay  the  commutation 
money  aforesaid. 

P.  L.  L.,   (1860)   Art.  4,  sec.  257.     P.  L.  L.,   (1888)  Art.  4,  sec.  419. 

526.  All  or  any  of  the  said  penalties  and  forfeitures,  as  well 
as  the  said  commutation  money,  may  be  sued  for  in  the  name 
of  the  Mayor  and  City  Council  of  Baltimore,  before  any  Justice 
of  the  Peace,  in  the  same  manner  and  subject  to  the  same  rules 
and  process,  and  the  right  of  appeal  as  provided  in  cases  of 
small  debts. 

P.  L.  L.,   (1860)  Art.  4,  sec.  258.     P.  L.  L.,   (1888)   Art.  4,  sec.  420. 

527.  '  The  Mayor  may  compound  for  or  remit  the  said  penal- 
ties and  forfeitures,  and  payments  and  recoveries,  or  any  of 
them,  either  before  or  after  suing  for  the  same,  upon  such 
terms  as  the  circumstances  of  the  case  may  in  his  judgment 
require. 


281 

P.  L.  L.,   (1860)  Art.  4,  sec.  259.     P.  L.  L.,   (1888)  Art.  4,  sec.  421. 

528.  The  Mayor  and  Register  shall  pay  over  to  the  Super- 
visors of  City  Charities,  semi-annually,  three-fifths  of  all  sums 
of  money  arising  from  commutation  by  owners  or  consignees 
of  vessels  as  aforesaid,  which  shall  be  appropriated  by  said  trus- 
tees to  the  use  of  the  City  of  Baltimore,  for  the  purpose  of 
supporting  the  foreign  paupers  of  the  said  city,  and  the  re- 
maining two-fifths  shall  be  paid  to  the  Hibernian  Society  of 
Baltimore,  and  the  German  Society  of  Maryland,  in  the  pro- 
portions mentioned  in  the  next  succeeding  section. 

P.  L.  L.,   (1860)  Art.  4,  sec.  260.     P.  L.  L.,   (1888)   Art.  4,  sec.  422. 

529.  All  money  received  by  the  Mayor  or  Register  for  penal- 
ties and  forfeitures  imposed  by  this  sub-division  of  this  Article 
shall  be  distributed  and  paid  by  the  Mayor  and  City  Council 
as  follows :  two-fifths  thereof  to  the  German  Society  of  Mary- 
land, and  the  Hibernian  Society  of  Baltimore  to  be  divided 
between  them  as  follows:  to  the  German  Society  in  propor- 
tion to  the  amount  received  from  and  on  account  of  German 
and  Swiss  passengers,  and  to  the  Hibernian  Society  in  propor- 
tion to  the  amount  received  from  and  on  account  of  Irish  pas- 
sengers ;  and  the  remaining  three-fifths  to  the  Supervisors  of 
City  Charities. 

P.  L.  L.,   (1860)   Art.  4,  sec.  261.     P.  L.  L.,   (1888)  Art.  4,  sec.  423. 

530.  The  City  Register  shall  be  entitled  to  two  per  centum 
upon  the  amount  of  money  collected  under  this  sub-division 
of  this  Article. 

P.  L.  L.,   (1860)   Art.  4,  sec.  262.     P.  L.  L.,   (1888)   Art.  4,  sec.  424. 

531.  Nothing  contained  in  the  twelve  next  preceding  sections 
shall  be  deemed  to  extend  to  any  ambassadors,  ministers,  consuls 
or  agents  of  foreign  governments  arriving  as  passengers  in  the 
port  of  Baltimore. 

INSPECTIONS,  WEIGHTS  AND  MEASURES. 

Barrels. 

1890,  ch.  .",32,  sec.  1.     P.  G.  L.,    (1904)    Art.  97,  sec.  27.     1906,  cli.  331. 

532.  The  standard  barrel  for  the  measurement  of  all  green 
peas  or  beans  in  the  hull,  which  are  sold  by  the  bushel,  shall  be 
of  the  following  dimensions,  namely:  diameter  of  said  barrel 
at  the  top  shall  be  eighteen  and  three-fourths  inches  inside  the 
staves;  the  diameter  at  the  bottom  inside  the  staves  sliall  be  six- 
teen and  oiio-fonrtli  inclics;  and  the  deptli  of  said  barrel  shall 


282 

be  twenty-six  inches  inside;  and  to  contain  in  all  six  thousand 
two  hundred  and  fifty-three  and  three-fourths  cubic  inches,  meas- 
urement by  said  barrel  to  be  struck  measure. 

1890,  ch.  332,  sec.  2.     1892,  ch.  486.     P.  G.  L.,    (1904)    Art.  97,  sec.  27. 

1906,  ch.  331. 

533.  The  dimensions  of  any  barrel  so  used  shall  be  stamped 
by  the  inspector  of  weights  and  dry  measures  of  the  City  of 
Baltimore  upon  the  same,  in  three  conspicuous  places,  and  any 
person  using  a  barrel  for  the  measurement  of  peas,  beans  and 
like  farm  products  when  sold  by  the  bushel,  without  being  so 
stamped,  shall  be  fined  not  less  than  one  hundred  dollars,  or 
more  than  five  hundred  dollars ;  said  fine  to  be  collected  as  other 
fines  are  now  collected. 

Note  provisions  of  Act,  1906,  ch.  331. 

1892,  ch.  486. 

534.  It  shall  be  the  duty  of  said  Inspector  of  Weights  and 
Measures  and  any  measurer  of  the  City  of  Baltimore,  from  time 
to  time  to  inspect  the  barrels  used  for  the  measurement  of  said 
peas,  beans  and  other  farm  products,  and  to  see  that  the  pro- 
visions of  this  sub-division  of  this  Article  are  complied  with ; 
and  upon  the  conviction  of  any  person  or  corporation  under  the 
provisions  of  this  sub-division  of  this  Article,  one-half  of  the 
fine  imposed  shall  be  paid  to  said  Inspector  of  Weights  and 
Measures  of  the  City  of  Baltimore. 

COAL. 

1880,  ch.  382.     P.  L.  L.,   (1888)  Art.  4,  sec.  428.     1912,  ch.  838. 

535.  Every  person,  firm  or  corporation  dealing  in  or  selling 
mineral  coal  or  coke  within  the  City  of  Baltimore,  and  every 
person,  firm  or  corporation  owning,  occupying,  leasing  or  main- 
taining yards  or  wharves  used  for  the  sale,  storage  or  handling  of 
coal  or  coke  in  said  city,  shall  maintain  scales  of  suitable 
capacity  within  or  adjacent  to  said  yards  or  wharves.  Any 
violation  of  the  provisions  of  this  section  shall  be  a  misdemeanor 
and  shall  be  punishable  by  a  fine  of  not  more  than  $10.00  for 
each  and  every  day  that  said  violation  shall  continue. 

1880,  ch.  382.     P.  L.  L.,   (1888)   Art.  4,  sec.  429.     1912,  ch.  838. 

536.  Every  person,  firm  or  corporation  dealing  in  or  selling 
mineral  coal  or  coke  within  the  City  of  Baltimore  shall  cause  all 
coal  or  coke  so  sold  to  be  weighed  upon  the  scales  maintained  in 
accordance  with  the  provisions  of  the  preceding  section.     Any 


283 

violation  of  the  provisions  of  this  section  shall  be  a  misdemeanor 
and  shall  be  punishable  by  a  fine  not  exceeding  $25.00  for  each 
and  every  cart,  wagon  or  other  load  of  said  coal  or  coke  sold 
without  such  weighing. 

ISSO,  ch.  382.     p.  L.  L.,   (1888)  Art.  4,  sec.  430.     1912,  ch.  838. 

537.  It  shall  be  the  duty  of  any  police  officer  of  Baltimore 
City  on  demand  of  the  purchaser  made  prior  to  the  unloading 
of  the  cart,  wagon  or  other  vehicle  in  which  coal  or  coke  is  de- 
livered to  said  purchaser,  or  whenever  such  police  officer  has 
reason  to  believe  that  any  cart,  wagon  or  other  vehicle  containing 
coal  or  coke  contains  a  less  weight  than  that  stated  upon  the 
card  or  ticket  hereinafter  in  the  next  succeeding  section  pro- 
vided for,  to  take  such  cart,  wagon  or  other  vehicle  to  the 
nearest  or  most  convenient  State,  city  or  available  private  scale 
and  have  it  weighed ;  and  it  shall  be  the  duty  of  the  party  so 
weighing  to  give  a  written  certificate  of  the  weight.  No  addi- 
tional charge  shall  be  made  for  hauling  coal  or  coke  to  any  scales 
to  be  weighed.  Any  violation  of  the  provisions  of  this  section 
and  any  refusal  of  any  driver  or  owner  of  any  cart,  wagon  or 
other  vehicle  to  take  such  cart  or  other  vehicle  to  such  scales  to 
be  weighed  as  aforesaid,  and  any  delivery  or  attempt  to  deliver 
a  weight  of  coal  or  coke  less  than  that  indicated  upon  the  face  of 
the  card  or  ticket  hereinafter  in  the  next  succeeding  section 
provided  for  shall  be  a  misdemeanor,  and  shall  be  punishable  by 
a  fine  not  exceeding  the  sum  of  $50.00  for  each  and  every 
offense;  provided,  however,  that  in  all  weighings  made  under 
the  provisions  of  this  section,  three  per  centum  of  the  net  weight 
shall  be  allowed  for  variation  of  scales,  and  provided  further 
that  whenever  such  weighing  is  made  upon  a  private  scale,  and 
said  load  is  found  to  be  under  weight,  the  seller  of  such  coal  or 
coke  shall  be  notified  before  said  load  is  dumped,  and  shall  have 
the  right  to  demand  that  said  coal  or  coke  shall  be  reweighed 
upon  a  State  or  city  scale. 

1880,  ch.  382.     P.  L.  L.,  (1888)  Art.  4,  sec.  431.     1900,  ch.  524. 

1912,  ch.  838. 

538.  It  shall  be  the  duty  of  every  seller  of  coal  or  coke  to 
send  with  each  and  every  load  of  coal  or  coke  sold  by  him  a  card 
or  ticket  which  shall  indicate  on  its  face  in  plain  characters  the 
seller's  name,  the  date,  the  weight  of  coal  or  coke  contained  in 
the  cart,  wagon  or  other  vehicle  in  which  it  is  beiug  transported, 
and  any  violation  of  the  provisions  of  this  section  on  the  part  of 
any  seller  of  coal  or  coke  shall  be  a  misdemeanor  and  punishable 
by  a  fine  of  not  more  than  $10,00  for  each  and  every  offense. 


284 

1880,  ch.  382.     1912,  ch.  838. 

539.  A  compensation  of  twenty-five  cents  shall  be  paid  per 
ton  to  the  parties  weighing  the  coal  or  coke  under  the  foregoing 
sections,  said  sum  for  weighing  to  he  paid  by  the  seller  if  the 
coal  or  coke  is  deficient  in  weight,  otherwise  to  be  paid  by  the 
purchaser ;  if  said  coal  is  ordered  weighed  by  a  policeman,  and 
there  be  found  no  deficiency,  the  cost  of  weighing  shall  be  paid 
by  the  Comptroller  of  Baltimore  City. 

1900,  ch.  650.     1912,  ch.  838. 

539A.  The  Board  of  Police  Commissioners  shall  from  time 
to  time  detail  police  ofiicers  for  such  time  and  in  such  number, 
not  exceeding  one  for  each  of  the  eight  districts  of  the  City  of 
Baltimore,  as  the  marshal  of  police  shall  deem  necessary.  Such 
policemen  shall  be  charged  with  the  duty  of  enforcing  the  pro- 
visions of  this  sub-division  for  the  benefit  of  the  public,  and 
specially  watching  the  delivery  of  mineral  coal  or  coke  by  carts, 
wagons  or  other  vehicles,  and  shall  be  empowered  with  authority 
to  weigh  any  cart,  wagon  or  other  vehicle  loaded  with  coal  or 
coke  at  any  time  he  may  elect  to  do  so. 

1880,  ch.  382.     P.  L.  L.,   (1888)  Art.  4,  see.  433.     1912,  ch.  838. 

540.  The  provisions  of  this  sub-division  of  this  Article  shall 
not  apply  to  the  sale  of  coal  or  coke  by  the  single  bushel,  half- 
bushel  or  peck,  nor  to  sales  of  coal  or  coke  by  manifest  weight 
in  car  or  cargo  lots.  All  penalties  provided  for  in  this  sub- 
division of  this  Article  when  recovered  shall  be  paid  to  the 
Comptroller  of  Baltimore  City. 

GAS  METEKS. 

1876,  ch.  356.     P.  L.  L.,  (1888)  Art.  4,  sec.  434. 

541.  It  shall  be  the  duty  of  every  gas  company  manufactur- 
ing, furnishing  and  selling  gas  in  the  City  of  Baltimore,  to  place 
upon  the  premises  of  every  consumer  using  gas,  a  correct  appa- 
ratus or  meter  for  registering  the  consumption  of  the  same,  and 
it  shall  be  the  duty  of  the  company  to  see  that  said  apparatus  or 
meter  is  kept  in  proper  working  order  and  condition. 

Blondell  v.  Consold.  Gas  Co.,  89  Md.  744. 

1876,  ch.  356.    P.  L.  L.,   (1888)  Art.  4,  sec.  435. 

542.  It  shall  not  be  lawful  for  said  company,  under  any 
circumstances,  to  charge  or  collect  for  any  greater  amount  of  gas 
than  is  registered  by  said  apparatus  or  meter. 


285 

1876,  ch.  356.     P.  L.  L.,   (1SS8)  Art.  4,  sec.  4.36. 

543.  Any  consumer  may,  at  any  time,  cause  said  apparatus 
or  meter  to  be  tested  by  tlie  Superintendent  of  Lamps  and  Light- 
ing or  one  of  his  assistants,  who  shall  make  said  test  in  the 
presence  of  the  consumer  and  of  an  agent  of  the  gas  company, 
by  which  the  gas  may  be  supplied,  if  desired,  and  shall  furnish 
to  the  consimier  a  certificate  under  oath  of  the  true  condition  and 
working  of  said  apparatus  or  meter;  and  if  it  shall  be  found, 
upon  any  such  test,  that  said  apparatus  or  meter  is  registering 
gas  in  favor  of  said  company,  then,  in  the  absence  of  any  fraud 
upon  the  part  of  the  consumer,  the  said  company  shall  refund  to 
the  consumer  an  amount  in  lawful  money  equal  to  the  percentage 
that  the  said  apparatus  or  meter  has  been  registering  too  fast, 
upon  the  bills  of  said  consumer,  registered  by  said  apparatus  or 
meter,  for  the  four  months  next  preceding  the  said  test,  unless 
the  said  company  can  prove  that  such  inspection  and  certificate 
do  not  show  the  correct  result ;  and  in  case  such  refunding  does 
take  place,  the  said  company  shall  also  pay  the  expenses  incurred 
in  making  said  test. 

GAUGEKS  OF  CASKS  AISTD  LIQUOKS. 

1872,  ch.  264,  sec.  1.    P.  L.  L.,  (1888)  Art.  4,  sec.  437. 

544.  Any  citizen  of  the  State  of  Maryland,  on  application  to 
the  Clerk  of  the  Court  of  Common  Pleas  in  the  City  of  Balti- 
more, and  on  paying  one  hundred  dollars  to  the  said  clerk,  shall 
be  entitled  to  receive  a  license  to  act  as  ganger  of  casks  and 
liquors,  for  the  term  of  one  year  from  the  date  thereof.  The 
person  applying  for  said  license  shall,  at  the  time  of  receiving 
the  same,  take  and  subscribe  before  said  clerk,  an  oath  that  he 
will  honestly  and  faithfully  discharge  the  duties  of  said  office. 

1872,  ch.  264,  sec.  2.    P.  L.  L.,  (1888)  Art.  4,  sec.  438. 

545.  No  person  engaged  in  vending  or  trading  in  or  manu- 
facturing casks  or  liquors  individually,  or  as  a  partner,  or  as 
agent,  clerk  or  employee  of  a  trader,  vender  or  manufacturer  of 
said  articles,  or  either  of  them,  or  any  commissioned  officer,  shall 
be  licensed  to  act  as  ganger  of  casks  and  liquids. 

1872,  ch.  264,  sec.  3.     P.  L.  L.,  (1S8S)  Art.  4,  sec.  439. 

546.  Any  person  may  sell,  export  or  otherwise  dispose  of  any 
foreign  or  domestic  liquors  in  casks,  without  having  the  same 
gauged  by  a  licensed  gauger,  but  in  cases  of  difference  between 
the  buyer  and  scllor  iis  to  the  quantity,  either  party  may  call  in  a 
gauger,  and  his  judgment  shall  bind  the  parties. 


286 

1872,  ch.  264,  sec.  4.    P.  L.  L.,  (1888)  Art.  4,  sec.  440. 

547.  The  gangers  shall  procure  and  use  a  correct  set  of 
gauging  instruments,  and  as  soon  as  they  have  ascertained  the 
capacity  of  any  cask  they  shall  distinctly  mark  with  marking 
irons  the  capacity  on  the  bilge  near  the  bung,  and  prefix  the 
letter  M.,  for  the  State  of  Maryland,  and  the  first  letter  of  the 
surname  of  the  ganger  who  does  the  gauging;  and  any  cask 
containing  such  liquor,  to  be  merchantable,  must  be  round  at 
the  bilge  and  heads,  the  staves  thereof  to  be  seasoned  white  oak, 
free  from  any  injurious  portion  of  sap-wood,  and  not  less  than 
half  an  inch  thick  at  the  thinest  part,  and  not  more  than 
three-quarters  of  an  inch  at  the  thickest  part,  and  to  be  tight  and 
secured  with  a  sufiicient  number  of  good  hoops ;  if  of  iron,  six ; 
and  if  of  wood,  not  less  than  twelve ;  and  at  least  not  less  than 
twelve  on  all  double  barrels  and  hogsheads ;  and  if  any  cask  con- 
taining such  liquor  shall  be  found  deficient  in  any  of  these 
respects  by  said  ganger,  he  shall  direct  it  to  be  coopered,  or  other 
casks  substituted  therefor,  at  the  expense  of  the  owner  or  seller ; 
and  if  any  such  cask  shall  be  fraudulently  made,  the  owner  or 
seller  thereof,  or  his  agent,  shall  forfeit  the  cask  to  the  use  of 
the  State. 

1872,  ch.  264,  sec.  5.    P.  L.  L.,  (1888)  Art.  4,  sec.  441. 

548.  The  said  gangers,  in  order  to  ascertain  the  capacity  of 
casks,  shall  conform  to  the  Baltimore  standard  of  wine  measure ; 
and  if  any  cask  or  vessel  gauged  or  marked  by  said  ganger  shall 
in  its  capacity  be  found  lacking  or  exceeding  one  or  more  gallons 
in  a  cask  of  a  larger  size,  the  gauger  shall  forfeit  and  pay  two 
dollars  for  each  gallon  so  lacking  or  exceeding  the  number  of 
gallons  marked  by  him  on  the  cask. 

1872,  eh.  264,  sec.  6.     P.  L.  L.,  (1888)  Art.  4,  sec.  442. 

549.  If  any  person  shall  alter  any  mark,  or  number  marked 
or  set  down  by  any  gauger,  thereby  to  deceive  and  defraud  the 
purchaser  of  distilled  spirits,  wine,  molasses  or  other  liquid 
merchandise  so  gauged  and  marked,  or  shall  put  any  false  mark 
or  number  on  said  cask,  or  upon  any  certificate  intended  to  coun- 
terfeit the  mark  or  number  of  the  gauger,  he  shall  forfeit  and 
pay  twenty  dollars  for  every  offence,  one-half  to  the  informer 
and  the  other  half  to  the  use  of  the  State. 

1872,  ch.  264,  sec.  7.     P.  L.  L.,  (1888)  Art.  4,  sec.  443. 

550.  Every  gauger  so  licensed  shall  be  entitled  to  demand 
and  receive  from  the  person  at  whose  request  he  shall  gauge  any 


287 

cask,  the  following  fees,  to  wit :  For  gauging  casks  not  exceeding 
forty  gallons,  ten  cents  per  cask ;  for  casks  of  larger  size,  fifteen 
cents. 

1872,  ch.  264,  sec.  8.     P.  L.  L.,  (1888)  Art.  4,  sec.  444. 

551.  Any  person  not  being  properly  licensed,  who  shall  act 
as  ganger,  or  being  so  licensed  shall  act  as  said  ganger  outside 
the  limits  of  the  said  city,  shall  forfeit  and  pay  to  the  Sheriff  of 
the  city  the  sum  of  three  hundred  dollars ;  said  penalty  to  be 
imposed  as  a  fine  by  the  Criminal  Court,  on  presentment  and 
indictment  by  the  Grand  Jury  and  conviction  in  due  course  of 
law,  and  one-third  of  the  penalty  shall  be  paid  by  the  Sheriff  to 
the  informer,  and  the  residue  shall  be  accounted  for  by  the 
Sheriff  to  the  treasury  as  other  fines ;  if  any  person  so  licensed 
shall  be  guilty  of  a  fraud  by  reason  of  collusion  with  any  parties, 
he  shall  be  deemed  guilty  of  misdemeanor,  and  shall,  on  present- 
ment and  indictment  therefor,  and  conviction  thereof,  forfeit 
and  pay  a  fine  of  not  less  than  five  hundred  dollars  or  more  than 
one  thousand  dollars  for  every  such  offence,  or  be  imprisoned,  in 
the  discretion  of  the  court,  for  a  time  not  exceeding  three  years, 
or  both,  and  shall  also  be  liable  in  damages  at  the  suit  of  the 
party  aggrieved. 

HAY  AN^D  STKAW. 

p.  L.  L.,    (1860)   Art.  4,  sec.  410.     1864,  ch.  339.     1867,  ch.  381. 
P.  L.  L.,    (1888)   Art.  4,  sec.  470. 

552.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  biennially  appoint  four  inspectors  of  hay  and 
straw  for  the  City  of  Baltimore. 

P.  L.  L.,   (1860)   Art.  4,  sec.  411.     P.  L.  L.,   (1888)   Art.  4,  sec.  471. 

553.  Each  of  said  inspectors  shall  give  bond  to  the  State  of 
Maryland,  in  the  sum  of  two  thousand  dollars,  for  the  true  and 
faithful  performance  of  the  duties  of  his  office. 

P.  L.  L.,    (1860)   Art.  4,  sec.  412.     1861,  ch.  35.     1867,  ch.  381. 
P.  L.  L.,  (1888)  Art.  4,  sec.  472.    1896,  ch.  375. 

554.  All  hay  and  straw  brought  to  the  City  of  Baltimore 
may  be  weighed  at  the  State  hay  scales  as  now  established  by 
law,  by  one  of  the  inspectors,  at  the  rate  of  one  hundred  pounds 
to  the  hundredweight,  making  a  reasonable  allowance  for  the 
moisture  thereof,  as  well  as  the  mud  or  other  substance  attached 
to  the  wagon,  cart  or  sled  containing  the  same. 


288 

P.  L.  L.,   (1860)   Art.  4,  sec.  415.     P.  L.  L.,   (18SS)   Art.  4,  sec.  474. 

1896,  ch.  375. 

555.  The  inspector  shall  give  a  certificate  of  every  load  of 
hay  or  straw  weighed  by  him,  stating  the  gross  and  net  weight 
of  such  straw  or  hay,  and  wagon,  cart  or  sled. 

P.  L.  L.,    (1860)   Art.  4,  sec.  413.     1882,  ch.  130. 
P.  L.  L.,    (1888)    Art.  4,  sec.  473. 

556.  The  said  inspector  shall  be  entitled  to  demand  and  re- 
ceive for  each  and  every  load  of  hay  and  straw  inspected  by  him, 
of  whatever  weight,  one  cent  per  hundredweight ;  and  for  weigh- 
ing hemps,  cable,  anchors,  dye-woods,  barks,  etc.,  two  cents  per 
hundred  pounds;  and  for  inspecting  and  weighing  corn  in  the 
ear  and  corn  husks,  one  cent  per  hundred  pounds. 

P.  L.  L.,   (1860)  Art.  4,  sec.  416.     P.  L.  L.,   (1888)  Art.  4,  sec.  475. 
1894,  ch.  105.     1896,  ch.  375. 

557.  If  any  person  bringing  hay  or  straw  to  said  city  shall 
neglect  to  have  the  same  weighed  by  the  said  inspector,  or  shall 
be  detected  in  having  stones,  rubbish,  wood  or  anything  else  con- 
cealed in  his  load,  or  shall  in  any  manner  change  the  condition 
of  his  cart,  wagon,  carriage  or  sled,  with  fraudulent  intention, 
he  shall  forfeit  and  pay  for  each  and  every  such  offense  the  sum 
of  five  dollars;  provided,  however,  any  person  bringing  hay  or 
straw  to  market,  who  shall  sell  and  deliver  the  same  for  con- 
sumption west  of  Gwynn's  Falls,  shall  not  be  subject  to  the  pen- 
alty herein  recited  as  to  not  having  said  load  of  hay  or  straw 
weighed  by  the  weighmaster  at  the  western  hay  scales,  provided 
he  shall  tender  to  the  weigher  of  hay  and  straw,  at  the  western 
hay  scales,  on  the  day  of  delivery  of  said  hay  or  straw,  such  fee 
as  is  prescribed  by  law,  said  fee  to  be  ascertained  by  the  certifi- 
cate of  the  person  weighing  said  hay  or  straw ;  and  when  said 
certificate  of  private  weigher  is  presented  to  the  weighmaster  of 
hay  and  straw  at  the  western  hay  scales,  the  said  weighmaster 
shall  retain  the  certificate  of  the  private  weigher,  and  issue  to 
the  person  presenting  the  certificate  from  the  private  weigher, 
a  certificate  from  the  book  of  the  weighmaster  at  the  western  hay 
scales  corresponding  with  the  certificate  of  the  private  weigher, 
for  which  the  weighmaster  at  the  western  hay  scale  shall  collect 
the  fee  prescribed  by  law ;  any  seller  of  hay  or  straw  failing  to 
comply  with  the  provisions  of  this  section  or  failing  to  present 
the  certificate  of  the  private  weigher  to  the  weighmaster  at  the 

"western  hay  scales,  shall  be  subject  to  a  fine  of  five  dollars  for 
each  and  everv  such  offence. 


289 

1894,  ch.  105. 

558.  Any  private  weigher,  who  shall  under  a  false  certificate, 
and  any  seller  of  hay  or  straw  who  shall  present  a  false  certifi- 
cate to  the  weigher  of  hay  and  straw  at  the  western  hay  scales, 
shall  be  subject  to  a  fine  of  five  dollars  and  costs  for  each  and 
every  such  offence. 

P.  L.  L.,   (1860)  Art.  4,  sec.  417.     P.  L.  L..    (1888)   Art.  4,  sec.  476. 

559.  If  any  person,  after  having  his  hay  or  straw  weighed, 
and  having  obtained  the  inspector's  certificate,  specifying  the 
quantity  thereof,  shall  dispose  of  any  part  thereof,  or  in  any 
manner  diminish  the  same  in  quantity,  thereby  to  defraud  or 
deceive  the  purchaser  thereof,  he  shall  forfeit  and  pay  for 
every  such  offence  the  sum  of  twenty  dollars. 

P.  L.  L.,   (1860)  Art.  4,  sec.  418.     P.  L.  L.,   (1888)   Art.  4,  sec.  477. 

560.  The  said  inspectors  may  re-weigh  carts,  wagons,  car- 
riages or  sleds,  as  often  as  they  may  deem  expedient ;  and  if  at 
any  time  either  of  them  shall  be  required  to  do  so  by  a  pur- 
chaser of  hay  or  straw,  and  it  shall  be  found  that  his  report  of 
the  weight  of  the  cart,  wagon,  carriage  or  sled  is  correct,  the 
person  requiring  the  same  shall  pay  twenty  cents  to  said  in- 
spector ;  in  other  cases  the  reweighing  shall  be  free  of  charge. 

P.  L.  L.,   (1860)  Art.  4,  sec.  419.     P.  L.  L.,    (1888)   Art.  4.  see.  478. 

561.  The  said  inspector  shall,  at  all  times  when  required, 
weigh  hemps,  cables,  anchors,  dye-woods,  barks,  roots,  etc. 

1864,  ch.  384.     P.  L.  L.,  (1888)  Art.  4,  sec.  479. 

562.  In  addition  to  the  charge  hereinbefore  authorized  for 
the  use  of  the  State  hay  scales,  the  inspector  shall  be  entitled  to 
demand  and  receive  fifteen  cents  for  each  and  every  load  of  hay 
or  straw  which  shall  remain  half  an  hour  on  the  premises  after 
the  weighing  thereof,  but  shall  be  removed  before  night,  and 
thirty  cents  for  each  and  every  load  which  shall  be  left  on  the 
premises  until  the  next  morning. 

P.  L.  L.,   (1860)   Art.  4,  sec.  421.     P.  L.  L.,   (1888)   Art.  4,  sec.  480. 

563.  The  weighing  apparatus  shall  be  adjusted  at  least  once 
in  six  months  by  the  standard  of  weights  for  the  City  of  Balti- 
more, the  expenses  of  which,  together  with  all  the  expense  for 
repairs,  shall  be  paid  by  the  inspectors. 

1864,  ch.  384.     P.  L.  L.,  (1888)  Art.  4,  sec.  481. 

564.  The  inspectors  shall  severally  accovmt  for,  under  oath, 
and  pay  over  to  the  Treasurer,  quarterly,  all  moneys  received 

(11) 


290 

by  them  as  inspectors,  after  retaining  for  their  services  three- 
fourths  of  all  moneys  received  under  sections  556  and  560,  and 
one-fifth  of  all  moneys  received  imder  section  562  of  tliis 
Article. 

1867,  cb.  241.     p.  L.  L.,   (1888)  Art,  4,  sec.  482. 

565.  It  shall  be  the  duty  of  the  inspector  of  hay  and  straw- 
having  charge  of  the  eastern  hay  scales  at  Canton,  in  the  City  of 
Baltimore,  to  weigh  all  cattle  and  hogs  required  by  law  to  be 
weighed,  which  may  be  brought  to  said  scales  for  that  purpose ; 
and  the  said  inspector  shall  be  entitled  to  demand  and  receive  for 
the  use  of  the  State,  for  the  first  time  of  weighing  any  live- 
stock, except  sheep,  required  by  law  to  be  weighed,  two  cents  for 
every  hundredweight,  and  one  cent  per  head  for  every  sheep; 
and  for  every  second  and  subsequent  weighing,  for  cattle  and 
hogs,  two  cents  for  every  thousand  weight,  and  sheep,  one  cent 
for  every  thousand  weight,  and  all  live-stock  not  required  to  be 
weighed,  the  sum  of  six  cents  for  every  thousand  weight. 

1867,  ch.  241.     P.  L.  L.,   (1888)  Art.  4,  sec.  483. 

566.  He  shall  keep  a  full  record  of  all  weights  as  ascertained 
and  determined  by  him,  of  what,  and  for  whom  the  same  may  be 
ascertained  and  determined,  and  all  money  received  by  him  for 
weighing  live-stock,  and  all  expenditures  and  disbursements,  in 
books  to  be  provided  for  him  for  that  purpose,  which  books  shall 
belong  to  the  State,  and  shall  at  all  times  be  subject  to  the 
inspection  and  order  of  the  Comptroller;  and  he  shall,  at  the 
expiration  of  every  six  months,  or  within  five  days  thereafter, 
upon  his  oath,  taken  before  a  Justice  of  the  Peace  for  said  city, 
make  a  full  statement  of  all  receipts  for  weighing  all  live-stock 
weighed  by  him  for  the  six  months  immediately  preceding  said 
statement,  and  from  whom  received,  and  all  disbursements  by 
him  made  to  the  Comptroller ;  and  if  the  balance  in  the  hands  of 
said  inspector  for  weighing  live-stock  for  said  six  months  shall 
exceed  the  sum  of  two  hundred  dollars,  he  shall  pay  the  excess 
into  the  Treasury ;  but  if  there  be  no  excess  over  and  above  two 
hundred  dollars,  after  deducting  all  necessary  expenses  for 
receipts  for  weighing  live-stock,  the  said  inspector  shall  retain 
the  balance  as  compensation  for  his  services  for  weighing  such 
live-stock. 

1867,  ch.  241.    P.  L.  L.,  (1888)  Art.  4,  sec.  484. 

567.  Upon  failure  and  refusal  of  any  agent  or  owner  of  live- 
stock to  pay  for  weighing  the  same  he  may  impound  any  number 
of  live-stock  he  may  deem  necessary  to  cause  such  fees  to  be 
paid ;  -provided,  no  injury  be  done  to  said  stock  by  confining  them 


291 

as  aforesaid,  and  that  they  be  delivered  to  the  owner  or  agent 
upon  payment  of  all  jnst  and  proper  charges. 

1S67,  ch.  241.    P.  L.  L.,  (1888)  Art.  4,  sec.  485. 

568.  If  the  inspector  shall  neglect  or  delay  to  weigh  or  cause 
to  be  weighed  any  live-stock  brought  to  said  scales  for  the  pur- 
■pose  of  being  weighed,  for  a  time  not  exceeding  twenty-four 
hours  after  he  shall  have  been  requested  to  w^eigh  the  same,  he 
shall  forfeit  and  pay  to  the  owner  of  such  live-stock  or  his  agent 
the  sum  of  ten  cents  an  hour  upon  each  and  every  head  thereof 
for  so  many  hours  as  he  shall  omit  or  neglect  to  weigh  the  same, 
over  and  above  the  term  of  twenty-four  hours,  Sunday  excepted, 
to  be  recovered  in  an  action  of  debt  before  a  Justice  of  the 
Peace,  with  costs. 

1870,  ch.  256.     P.  L.  L.,   (1888)  Art.  4,  sec.  486. 

569.  The  said  inspector  of  hay  and  straw  shall  execute  a 
bond  to  the  State  in  addition  to  the  bond  now  provided  by  law 
to  be  given  by  said  inspector,  to  be  approved  by  the  Comptroller, 
in  the  penal  sum  of  one  thousand  dollars,  conditioned  for  the 
full  performance  of  all  acts  and  things  required  by  him  as 
weigher  of  live-stock  at  said  scales,  and  to  pay  all  damages  that 
may  be  sustained  by  reason  of  wilful  omission,  refusal  or  neglect 
to  discharge  said  duties ;  which  bond  shall  be  filed  with  the  State 
Comptroller;  but  said  inspector  or  weigher  of  hay  and  straw 
shall  be  chargeable  with  the  payment  of  a  tax  of  ten  dollars, 
and  no  more,  for  his  commission. 

P.  L.  L.,   (I860)  Art.  4,  sec.  423.     P.  L.  L.,   (1888)  Art.  4,  sec.  487. 

570.  All  fines  and  forfeitures  imposed  under  sections  55 Y  to 
559  may  be  recovered  with  costs  in  the  name  of  the  State,  before 
a  Justice  of  the  Peace  in  the  manner  that  small  debts  are  re- 
covered ;  one-half  to  the  informer  and  the  other  half  to  the  use  of 
the  State. 

MANURE. 

P.  L.  L.,   (1860)   Art.  4,  sec,  489.     P.  L.  L.,    (1.888)   Art.  4,  sec.  507. 

571.  A  cart  load  of  manure  shall  contain  forty  cubic  feet. 

STEAM  BOILERS. 

1872,  ch.  153.     P.  L.  L.,  (1888)  Art.  4,  sec.  509. 

572.  The  Governor  shall  biennially  appoint  two  suitable  per- 
sons who  are  well  skilled  in  the  construction  and  use  of  steam 
engines  and  boilers,  and  in  application  of  steam  thereto,  whose 


292 

duty  it  shall  be  to  inspect  steam  boilers  in  the  City  of  Baltimore, 
as  hereinafter  specified  and  directed;  said  inspectors  before 
entering  on  their  duties,  shall  make  oath  before  a  Justice  of  the 
Peace,  that  they  will  faithfully  perform  the  duties  of  their 
office  without  fear,  partiality  or  favor;  that  they  are  not,  and 
will  not  during  their  term  of  office,  be  connected  with,  or  inter- 
ested in  the  manufacture  of  steam  boilers,  engines  or  machinery 
applicable  thereto,  and  that  they  will  not  during  their  term  of 
office,  accept  any  money,  gift,  gratuity  or  consideration  from 
any  person,  and  shall  give  bond,  to  be  approved  by  the  State 
Comptroller,  in  the  sum  of  five  thousand  dollars  each,  for  the 
faithful  discharge  of  their  duties, 

1S72,  ch.  153.    P.  L.  L.,  (1888)  Art.  4,  sec.  510. 

573.  The  City  of  Baltimore  is  divided  into  two  districts, 
which  shall  be  known  as  the  first  and  second  steam  boiler  inspec- 
tion districts ;  the  first  district  shall  embrace  what  is  now  known 
as  the  Eastern,  Northeastern  and  Southern  Police  Districts ;  the 
second  shall  embrace  what  is  now  known  as  the  Central,  West- 
ern, N^orthwestern  and  Southwestern  Police  Districts  of  said 
city ;  and  the  Governor  in  appointing  the  inspectors  shall  assign 
each  to  his  respective  district. 

1872,  ch.  153.    P.  L.  L.,  (1888)  Art.  4,  sec.  511. 

574.  The  inspectors,  before  entering  on  the  discharge  of 
their  duties,  shall  provide  themselves  with  an  office  in  a  central 
part  of  said  city,  also  with  the  necessary  apparatus  and  ap- 
pliances for  the  testing  of  steam  boilers;  and  they  shall  give 
notice  for  three  successive  days,  through  the  two  daily  papers 
having  the  largest  circulation  in  said  city,  of  the  time  and 
manner  in  which  they  shall  receive  the  reports  of  the  locations 
of  steam  boilers. 

1872,  ch.  153.    P.  L.  L.,  (1888)  Art.  4,  sec.  512. 

575.  Every  owner  or  renter  using  a  steam  boiler  in  said  city, 
shall,  within  ten  days  after  the  publication  of  the  aforesaid 
notice,  report  to  the  inspector  of  the  district  the  location  of  such 
boiler,  under  a  penalty  of  fifty  dollars  for  each  day  a  boiler  is 
used  and  neglected  to  be  reported. 

1872,  ch.  153.     P.  L.  L.,   (1888)  Art.  4,  sec.  513. 

576.  The  inspector  of  each  district  shall  give  six  days'  notice 
in  writing  to  each  owner  or  renter  of  a  steam  boiler,  or  the  engi- 
neer or  person  in  charge,  of  the  time  when  he  will  inspect  such 
boiler ;  and  such  owner  or  renter  shall  have  such  boiler  ready  for 


293 

inspection,  in  compliance  with  the  requirements  of  said  notice, 
and  shall  furnish  such  assistance  as  the  inspector  may  require, 
under  a  penalty  of  fifty  dollars  for  such  failure  or  neglect,  and 
a  further  penalty  of  fifty  dollars  for  each  day  any  such  boiler  is 
used  without  a  certificate  of  inspection. 

1S72,  ch.  153.  P.  L.  L.,  (18SS)  Art.  4,  sec.  514. 
577.  It  shall  be  the  duty  of  each  inspector,  once  at  least  in 
every  year,  to  inspect  all  stationary  steam  boilers  of  three  horse 
power  and  upwards,  used  within  the  limits  of  his  district,  sub- 
jecting them  to  a  hydrostatic  test  of  at  least  twenty-five  per  cent, 
in  excess  of  the  steam  pressure  allowed,  and  satisfy  himself,  by 
a  thorough  external  and  internal  examination,  (if  possible)  with 
a  hammer,  that  the  boilers  are  free  from  danger  from  corrosion 
or  other  defects,  are  well  made  of  good  material,  the  openings 
for  the  passage  of  water  and  steam,  respectively,  and  all  pipes 
and  tubes  exposed  to  heat  are  of  proper  dimensions,  and  free 
from  obstruction ;  that  the  flues  and  tubes  if  any  are  circular  in 
form,  the  furnaces  in  proper  shape,  and  the  fire  line  of  the 
furnaces  is  at  least  two  inches  below  the  minimum  water  line  of 
the  boilers ;  and  shall  also  satisfy  himself  that  the  safety  valves 
are  of  suitable  dimensions,  sufiicient  in  number  and  well  ar- 
ranged, and  that  the  weights  are  properly  adjusted  so  as  to  allow 
no  greater  pressure  in  the  boiler  than  the  amount  prescribed  in 
the  certificate  of  inspection ;  that  there  is  a  sufiicient  number  of 
gauge-cocks,  a  steam  gauge,  a  coupling  cock  in  suitable  position 
for  attaching  the  hydrostatic  test,  that  means  for  blowing  out 
are  provided,  so  as  to  thoroughly  remove  the  mud  and  sediment 
from  all  parts  of  the  boilers  when  they  are  under  the  pressure 
of  steam,  and  that  fusible  metals  are  properly  inserted  so  as  to 
fuse  by  the  heat  of  the  furnaces  when  the  water  in  the  boilers 
shall  fall  below  the  prescribed  limits,  and  that  adequate  and 
certain  provision  is  made  for  an  ample  supply  of  water  at  all 
times;  when  the  inspection  is  completed  and  the  inspector  ap- 
proves the  boiler,  he  shall  make  and  subscribe  a  certificate  of 
inspection,  stating  the  condition  of  the  boiler,  the  number  of 
years  or  months  it  has  been  in  use,  and  the  pressure  of  steam 
allowed ;  and  no  greater  pressure  than  that  allowed  by  the  certifi- 
cate shall  be  applied  to  such  boiler.  In  limiting  pressure,  when- 
ever the  boiler  under  test  will,  with  safety,  bear  the  same,  the 
limit  desired  by  the  owner  shall  be  the  one  certified ;  and  such 
certificate  of  inspection  shall  be  framed  under  glass,  and  kept  in 
some  conspicuous  place  on  the  premises  where  said  boiler  re- 
ferred to  is  used;  and  if  the  inspector  shall  deliver  or  cause  to 
be  delivered  to  tlie  owner  or  renter  of  any  boiler  a  certificate  of 


294 

inspection  without  having  first  subjected  the  said  boiler  to  the 
tests  as  herein  provided,  he  shall  forfeit  his  bond,  and  upon  con- 
viction shall  be  removed  from  office  by  the  Governor. 

1872,  ch.  153.     P.  L.  L.,   (1888)  Art.  4,  sec.  515. 

578.  In  addition  to  the  annual  inspection,  it  shall  be  the  duty 
of  the  inspector  to  examine  all  boilers  within  the  limits  of  their 
respective  districts  once  at  least  in  every  three  months  and  if 
deemed  necessary,  apply  the  hydrostatic  test;  and  if  on  such 
examination  the  inspector  shall  find  evidence  of  deterioration  in 
strength,  he  shall  revoke  the  certificate  and  issue  another,  assign- 
ing a  lower  rate  of  pressure ;  and  if  the  defect  be  of  such  char- 
acter as  to  make  the  boiler  dangerous,  the  inspector  shall  notify 
the  owner  or  renter  in  writing,  stating  in  the  notice  what  is 
required,  and  order  the  use  of  the  boiler  discontinued  until  the 
necessary  repairs  are  made ;  and  if  he  considers  it  beyond  repair, 
he  shall  condemn  it ;  and  if  the  owner  or  renter  shall  refuse  or 
neglect  to  comply  with  the  requirements  of  the  inspector,  and 
shall,  contrary  thereto,  and  while  the  same  remains  unreversed, 
use  the  boiler,  he  shall  be  liable  to  a  penalty  of  not  less  than  one 
hundred  dollars  for  each  day  such  boiler  is  used,  and  in  addition 
thereto  shall  be  liable  for  any  damage  to  persons  or  property 
which  shall  occur  from  any  defects,  as  stated  in  the  notice  of  the 
inspector. 

1872.  ch.  153.     P.  L.  L.,   (1888)  Art.  4,  sec.  516. 

579.  Any  owner  or  renter  of  a  boiler,  who  shall  consider 
himself  aggrieved  by  the  action  of  the  inspector,  under  the  pro- 
visions of  the  preceding  section,  may,  within  ten  days  after  such 
inspection,  notify  the  inspector  of  the  fact,  and  demand  a  re- 
examination of  the  said  boiler ;  the  owner  or  renter  shall  select  a 
practical  engineer,  who,  with  the  inspector,  shall  select  a  third 
person,  skilled  in  the  manufacture  and  use  of  steam  boilers, 
which  said  two  persons,  after  taking  an  oath  as  reviewers,  shall, 
together  wath  the  inspector,  carefully  examine  the  said  boiler, 
and  the  decision  of  any  two  of  these  shall  be  final;  should  the 
decision  of  the  inspector  be  sustained,  the  said  owner  or  renter 
shall  pay  the  expense  of  such  review ;  but  should  it  be  reversed, 
the  inspector  shall  restore  the  certificate,  and  the  expense  of  the 
review  shall  be  paid  by  the  State ;  such  reviewers  shall  receive 
five  dollars  for  each  day  or  part  of  a  day  they  are  engaged  in 
making  such  review. 

1872,  ch.  153.     P.  L.  L.,   (1888)  Art.  4,  sec.  517. 

580.  Any  person  erecting  or  using  a  steam  boiler  without 
having  the  same  inspected  by  the  inspector  of  the  district  in 


295 

which  the  said  boiler  is  located,  shall  pay  a  fine  of  one  hundred 
dollars,  and  fifty  dollars  for  each  day  any  such  boiler  is  used 
without  being  inspected;  and  any  person  who  shall  alter  or 
change  a  steam  gauge  or  weight  on  a  safety  valve  for  the  purpose 
of  carrying  a  greater  pressure  of  steam  on  a  boiler  than  that 
allowed  by  the  certificate  of  inspection,  shall  be  liable  to  a  fine 
of  five  hundred  dollars ;  and  any  owner  or  renter  of  a  steam 
boiler  who  shall  neglect  or  refuse  to  place  his  certificate  of  in- 
spection on  the  premises,  as  prescribed  in  section  577  hereof, 
shall  pay  a  fine  of  five  dollars  for  each  day's  refusal  or  neglect. 

1872,  ch.  153.     P.  L.  L.,  (1SS8)  Art.  4,  sec.  518. 

581.  The  inspector  shall  have  power  to  examine  the  engi- 
neers and  assistants  in  charge  of  boilers,  and  if  any  engineer  or 
assistant  is  found  incompetent  or  addicted  to  intemperance,  the 
inspector  shall  notify  the  owner  or  renter,  and  withdraw  the 
certificate  of  inspection  until  such  engineer  or  assistant  is  dis- 
placed. 

1872,  ch.  153.     P.  L.  L.,  (1888)  Art.  4,  sec.  519. 

582.  Before  issuing  any  certificate  of  inspection,  the  in- 
spector shall  demand  and  receive  from  the  owner  or  renter  of 
the  boiler,  as  a  compensation  for  the  inspection,  and  the  exami- 
nations to  be  made  during  the  year  as  hereinbefore  provided, 
the  following  sums :  For  every  boiler  of  ten  horse-power  or  less, 
five  dollars ;  when  the  boiler  is  above  ten  horse-power,  five  dollars 
for  the  first  ten,  and  twenty-five  cents  additional  for  each  horse- 
power in  excess  of  that  number. 

1872,  ch.  153.     P.  L.  L.,   (1888)  Art.  4,  sec.  520. 

583.  In  shall  be  the  duty  of  each  inspector  to  keep  a  correct 
record  of  the  locations  of  all  boilers  in  his  district,  when  each 
boiler  was  inspected,  the  condition  of  the  same  at  the  time  of 
inspection,  the  instructions  given  to  the  engineers  in  charge,  the 
certificates  issued,  the  amount  of  steam  pressure  allowed  in  each 
certificate,  and  the  boilers  condemned  or  ordered  to  be  repaired; 
also  a  correct  account  of  all  money  received  or  paid  out ;  and  they 
shall  report  the  same  annually  to  the  State  Comptroller. 

1874,  ch.  96.     P.  L.  L.,   (1888)   Art.  4,  sec.  521. 

584.  The  inspectors  shall  receive  an  annual  salary  of  fifteen 
Iniiidrcd  dollai's  each;  and  all  moneys  collected,  after  deducting 
the  necessary  incidental  expenses  of  the  office,  shall  be  paid  over 
to  the  Treasurer  of  the  State. 


296 

1S72,  ch.  153.     P.  L.  L..  USSS)  Art.  4,  sec.  522. 

585.  Xothing  in  this  sub-division  of  this  Article  shall  conflict 
with  the  ordinance  of  the  Mayor  and  City  Council  of  Baltimore 
which  requires  their  permission  for  the  erection  of  steam  boilers 
in  that  city. 

1SS6,  cJi.  503.    P.  L.  L.,   USSS)  Art.  4,  seo.  523. 

586.  Every  steam  boiler  insurance  company  doing  business 
in  this  State  shall  have  a  resident  inspector,  whose  duty  it  shall 
be  to  make  inspections  of  steam  boilers  submitted  for  insurance 
to  such  steam  boiler  insurance  company;  and  any  owner  or 
renter  of  a  steam  boiler  who  has  the  same  insured  in  a  steam 
boiler  insurance  company  doing  business  in  this  State,  in  com- 
pliance with  the  laws  thereof,  and  having  a  resident  inspector 
and  an  established  system  of  inspection,  must  immediately  after 
the  first  annual  inspection  in  each  year  by  such  resident  inspector 
of  such  steam  boiler  insurance  company,  present  to  the  State 
inspector  of  the  district  in  which  the  said  steam  boilers  are 
located,  the  certificate  of  inspection  of  the  said  company:  and 
the  said  companv  shall  be  charsjed  and  chargeable  with  a  fee  of 
one  dollar  for  each  and  every  boiler  so  inspected  and  insured, 
which  shall  be  paid  to  the  State  Inspector  with  such  certificate ; 
provided,  that  when  there  is  more  than  one  steam  boiler  belong- 
ing to  the  same  owner  or  renter  so  insured,  then  the  fee  so 
chargeable  to  the  insurance  company  shall  be  one  dollar  per 
boiler  for  the  first  five,  and  one  dollar  for  each  additional  five  or 
fraction  thereof  over  and  above  the  first  five;  and  upon  the 
acceptance  of  the  provisions  of  this  section  by  the  owner  or  renter 
of  said  steam  boiler,  the  said  owner  or  renter  shall  be  exempted 
from  the  requirements  of  this  sub-division  of  this  Article. 

1S72.  ch.  151.     P.  L.  L.,   (1SS8)  Art.  4,  sec.  524. 

587.  If  either  inspector  neglects  to  discharge  his  duties  as 
prescribed  in  this  sub-division  of  this  Article,  he  shall  forfeit  his 
bond,  and  shall  be  removed  from  office  by  the  Governor. 

1872,  ell.  151.     P.  L.  L.,   (1888)  Art.  4,  sec.  525. 

588.  The  Governor  shall  fill  all  vacancies  that  may  occur  as 
soon  as  possible. 

1872,  ch.  151.    P.  L.  L.,  (1.S88)  Art.  4,  sec.  526. 

589.  All  fines  and  penalties  imposed  in  this  sub-division  of 
this  Article  shall  be  recoverable  by  indictment  before  the  Crimi- 
nal Court  of  Baltimore,  or  before  anv  Justice  of  the  Peace  of 
said  city,  in  the  name  of  the  inspector,  for  the  benefit  of  the 
State. 


297 


WOOD  CARTS. 

1878.  ch.  183.     P.  L.  L.,   (1S8S)   Art.  4,  sec.  527.     1894,  ch.  313. 

590.  The  Governor  shall  biennially  appoint,  by  and  with 
the  consent  of  the  Senate,  one  competent  person,  whose  duty  it 
shall  be  to  measure  and  stamp  all  carts  or  vehicles  engaged  in 
hauling  wood  from  wharf  and  yard  within  the  corporate  limits 
of  the  Citv  of  Baltimore ;  and  it  shall  further  be  the  dutv  of  the 
said  measurer  to  measure  and  stamp  all  carts  or  vehicles  engaged 
in  hauling  sawed  and  split  wood  for  the  purpose  of  selling  the 
same  within  the  corporate  limits  of  the  City  of  Baltimore;  the 
said  measurer  shall  have  power  to  appoint  deputies  if  he  shall 
find  it  necessary  to  facilitate  the  work ;  and  he  or  his  assistants 
shall  give  certificates  to  the  owners  of  said  carts  or  vehicles, 
which  shall  hold  good  for  one  3'ear  from  date;  all  such  certifi- 
cates shall  terminate  on  the  first  dav  of  Mav.  annuallv.  and  shall 
be  applied  for  on  said  day,  or  within  thirty  days  thereafter ;  and 
in  all  cases  where  said  certificate  shall  not  have  been  renewed 
within  the  thirty  days  aforesaid,  a  new  certificate  shall  be  neces- 
sary, to  be  dated  and  paid  for  from  the  first  day  of  May,  as  in 
case  of  renewal,  unless  some  repairs  or  alteration  be  necessary  to 
change  the  same,  for  which  services  he  shall  receive  the  sum  of 
one  dollar  for  each  cart  or  vehicle  so  inspected  and  marked  by 
him,  to  be  paid  by  the  party  at  whose  request  the  services  were 
performed ;  the  said  measurer  or  his  deputies  shall  be  in  no  way 
interested  as  clerks,  or  otherwise  engaged  in  the  purchase  or  sale 
of  fire-wood,  other  than  for  their  own  use. 

1894,  ch.  313. 

591.  It  shall  be  unlawful  for  any  person,  in  either  purchas- 
ing or  selling  seasoned  cord  wood  in  quantities  of  not  less  than 
one-half  cord  at  any  one  time,  to  measure  and  settle  for  the  same, 
except  on  the  basis  of  one  hundred  and  twenty-eight  cubic  feet 
to  each  cord  of  wood ;  and  the  said  contents  of  a  cord  of  wood 
shall  be  ascertained  by  lineal  or  outside  measurement,  as  fol- 
lows: It  shall  be  eight  feet  long,  four  feet  high  and  four  feet 
wide. 

1894,  ch.  313. 

592.  Any  person  violating  the  provisions  of  the  preceding 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  subject  to  a  fine  of  not  less  than  fifty  nor 
more  than  one  hundred  dollars,  one-half  to  go  to  the  informer. 


298 

1876,  ch.  46.     P.  L.  L.,   (1888)   Art.  4,  sec.  528. 

593.  The  said  measurer  and  his  deputies,  before  entering 
upon  their  duties  of  office,  shall  take  the  following  oath  or  affir- 
mation, as  the  case  ma}^  be,  before  some  Justice  of  the  Peace : 
"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully,  truly  and 
impartially,  according  to  the  best  of  my  skill  and  judgment, 
execute  and  perform  the  office  and  duty  of  measurer  of  carts 
according  to  the  true  intent  and  meaning  of  this  sub-division  of 
this  Article,  so  help  me  God." 

1878,  ch.  183.    P.  L.  L.,  (1888)  Art.  4,  sec.  529.    1894,  ch.  313. 

594.  Said  measurer  shall  locate  himseK  in  some  suitable 
section  of  the  city,  where  he  can  be  found,  where  the  greatest 
quantity  of  wood  is  for  sale ;  he  shall  plainly  mark,  by  a  brand 
on  the  standards  of  each  side  of  said  carts  or  vehicles,  in  such  a 
manner  as  that  the  purchaser  or  consumer  of  fire-wood  may  see 
the  quantity  contained  in  each  eighth,  quarter,  half  or  cord  of 
wood  so  purchased  by  him,  the  standard  of  measurement  to  be 
one  hundred  and  twenty-eight  cubic  feet  to  the  cord  of  well  stored 
and  packed  cord  wood,  or  one  hundred  and  sixty  cubic  feet  of 
sawed  and  split  wood. 

1886,  ch.  315.     P.  L.  L.,   (1888)   Art.  4,  sec.  530.     1894,  ch.  313. 

595.  All  stick  wood  sold  by  retail  in  the  City  of  Baltimore, 
shall  be  measured  in  a  solid  frame  made  of  wood  or  iron ;  a 
frame  to  measure  one-eighth  of  a  cord  shall  be  two  feet  wide  and 
two  feet  high ;  a  frame  to  measure  one-fourth  of  a  cord  shall  be 
three  feet  wide  and  two  feet  eight  inches  high ;  a  frame  to 
measure  three-eighths  of  a  cord  shall  be  four  feet  wide  and  three 
feet  high ;  and  a  frame  to  measure  one-half  a  cord  shall  be  four 
feet  wide  and  four  feet  high,  these  various  dimensions  being  all 
intended  to  import  inside  measurement;  all  frames  shall  be 
measured  and  stamped  every  year  by  the  inspector  just  as  carts 
are  measured  and  stamped. 

1886,  ch.  315.    P.  L.  L.,   (1888)  Art.  4,  sec.  531. 

596.  If  any  wood  dealer  shall  sell  stick  wood  by  retail  in  the 
City  of  Baltimore,  measured  otherwise  than  in  a  frame,  he  shall 
be  subject  to  the  penalty  of  five  dollars  for  each  offence ;  one-half 
of  the  penalty  to  go  to  the  informer ;  said  penalty  to  be  recovered 
before  some  Justice  of  the  Peace. 

1886,  ch.  315.    P.  L.  L.,  (1888)  Art.  4,  sec.  532.  _ 

597.  The  two  preceding  sections  shall  not  apply  to  the 
measurement  of  sawed  and  split  wood. 


299 

1878,  eh.  183,  sec.  4.     P.  L.  L.,   (1888)   Art.  4,  sec.  533. 

598.  If  any  owner  of  a  cart  or  vehicle  to  be  used  in  hauling 
fire-wood  in  the  Citv  of  Baltimore  shall  neclect  to  have  such 
cart  or  vehicle  so  inspected,  and  if  any  carter  or  person  shall 
alter  the  marks  of  said  carts  or  vehicles  after  the  same  have  been 
so  inspected,  or  shall  alter  the  measurement  of  said  fire-wood  by 
increasing  or  taking  from  the  same,  or  neglect  to  have  said  carts 
or  vehicles  stamped,  as  provided  for  in  this  sub-division  of  this 
Article,  by  the  first  day  of  June  of  each  year,  or  if  any  dealer 
shall  sell  the  aforesaid  cord  or  sawed  and  split  wood  to  any  cart 
or  vehicle  not  properly  stamped  by  the  measurer  or  his  deputies, 
provided  for  by  this  sub-division  of  this  Article,  he  shall  be 
subject  to  the  penalty  of  five  dollars  for  each  offence,  to  be 
recovered  as  small  debts  are  now  recovered,  before  some  Justice 
of  the  Peace,  for  the  use  of  the  City  of  Baltimore. 

1878,  ch.  183,  sec.  5.     P.  L.  L.,   (1888)  Art.  4,  sec.  534. 

599.  In  case  of  dispute  between  the  purchaser  and  seller  of 
any  lot  of  fire-wood,  the  measurer  or  his  deputy,  appointed  under 
this  sub-division  of  this  Article,  may  act  as  arbitrator  between 
said  parties,  and  his  decision  shall  be  final ;  for  which  services  he 
shall  receive  the  sum  of  six  and  one-quarter  cents  for  each  cord 
of  wood  so  inspected  and  measured  by  him,  to  be  paid  by  the 
party  at  whose  request  said  service  was  performed;  the  said 
measurer  or  deputy  to  give  a  certificate  of  the  number  of  cords 
contained  in  each  lot. 

JON^ES'  FALLS. 

1870,  ch.  115.     P.  L.  L.,   (1888)   Art.  4,  sec.  579. 

600.  None  of  the  provisions  of  this  Article  in  reference  to 
constructing  sewers  and  opening  and  paving  streets  in  the  City 
of  Baltimore  shall  apply  to  the  construction  of  the  sewers,  and  to 
the  opening  and  paving  of  the  streets  and  avenues  for  which 
provision  is  made  in  this  Article  relating  to  Jones'  Falls,  save 
in  so  far  as  the  said  provision  may  be  made  applicable  thereto  by 
an  ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
passed  for  the  purpose ;  and  provided  further,  that  no  appeal 
shall  lie  from  the  decisions  of  the  Baltimore  City  Court  in  pro- 
ceedings in  said  Court  under  the  provisions  of  this  Article 
relating  to  Jones'  Falls. 

1870,  ch.  115.    p.  L.  L.,  (1888)  Art.  4,  sec.  580. 

601.  All  of  the  provisions  of  an  ordinance  of  the  Mayor  and 
City  Council  of  Baltimore,  entitled  an  ordinance  to  provide  for 


300 

the  improvement  of  Jones'  Falls  within  the  limits  of  the  Citv  of 
Baltimore,  approved  January  31,  1870,  shall  have  the  same 
force,  effect  and  operation,  and  be  in  all  respects  as  valid  as  if 
the  said  ordinance  had  been  passed  after  the  approval  of  the  Act 
of  1870,  chapter  115,  or  had  been  passed  after  the  enactment  of 
a  law  by  the  General  Assembly  of  Maryland  authorizing  and  em- 
powering the  Mayor  and  City  Council  of  Baltimore  to  pass  such 
an  ordinance. 

JURORS. 

P.  L.  L.,    (1860)   Art.  4,  sec.  601.     1860,  ch.  308.     1867,  ch.  401,  sec.  4. 
1882,  ch.  67.     1884,  ch.  450.     P.  L.  L.,   (1888)  Art.  4,  sec.  583. 

602.  The  Judges  of  the  Supreme  Bench  of  Baltimore  City, 
or  a  majority  of  them,  shall  meet  in  some  one  of  the  courtrooms 
of  the  City  of  Baltimore  on  such  days  as  the  said  Judges,  or  a 
majority  of  them,  shall  appoint,  in  the  month  of  April  in  each 
year,  and  shall  on  such  days  of  meeting,  select  fairly  and  impar- 
tially, and  by  the  exercise  of  their  best  judgment,  the  names  of 
seven  hundred  and  fifty  persons,  or  thereabout,  qualified  under 
the  laws  of  this  State  to  be  grand  and  petit  jurors  in  the  City  of 
Baltimore.  They  shall  cause  the  names  of  the  persons  so  selected 
to  be  entered  in  a  proper  book,  and  shall  verify  the  list  so  made 
up  by  their  certificate  and  signatures.  The  said  book  containing 
the  said  list  shall  be  placed  in  the  custody  of  the  Clerk  of  the 
Superior  Court  of  Baltimore  City. 

Clare  v.  State.  30  Md.  163.  Avirett  v.  State,  76  Md.  535.  State  v. 
Keating,  85  Md.  188. 

P.  L.  L.,    (1860)   Art.  4,  sec.  602.     1860,  ch.  308.     1882,  ch.  67. 
1884,  ch.  450.    P.  L.  L.,   (1888)  Art.  4,  sec.  584. 

603.  In  order  to  assist  the  said  Judges  in  making  out  the  list 
of  jurors  aforesaid,  the  City  Collector  of  the  City  of  Baltimore, 
shall,  before  the  first  day  of  February  in  each  and  every  year, 
lodge  with  the  Clerk  of  the  Superior  Court  of  Baltimore  City, 
for  the  use  of  said  Judges,  a  certified  list  of  so  many  of  the 
taxable  male  inhabitants,  resident  in  the  said  city,  as  he  may 
have  been  directed  to  furnish  by  the  order  of  said  Judges,  or  a 
majority  of  them,  setting  out  their  names  and  places  of  resi- 
dence, so  far  as  the  same  may  be  ascertained;  and  the  said 
Collector  shall  receive  for  such  service  a  compensation  to  be  fixed 
by  said  Judges,  and  he  shall  be  paid  as  jurors  are  paid. 

1860,  ch.  308.     1882,  ch.  67.     1884,  ch.  450.     P.  L.  L.,    (1888) 

Art.  4,  sec.  585. 

604.  The  said  list  of  persons,  qualified  under  the  laws  of  this 
State  to  be  grand  and  petit  jurors  in  the  City  of  Baltimore, 


301 

having  been  prepared  as  aforesaid,  it  shall  be  the  duty  of  the 
said  Judges  of  the  Supreme  Bench  of  Baltimore  City,  or  a 
majority  of  them,  to  meet  in  each  and  every  year  in  some  one  of 
the  courtrooms  of  the  City  of  Baltimore,  on  one  or  more  days 
to  be  appointed  by  them,  before  the  beginning  of  each  regular 
term  of  the  Criminal  Court  of  Baltimore,  which  said  meeting, 
or  the  last  of  which  said  appointed  meetings  shall  be  at  least  ten 
days  before  the  beginning  of  each  of  said  terms,  and  to  select 
from  said  list  the  names  of  twenty-three  persons,  who  shall  con- 
stitute and  be  the  grand  jurors  for  the  City  of  Baltimore  for  the 
ensuing  term  of  said  Criminal  Court  of  Baltimore ;  the  list  of 
grand  jurors  so  selected  shall  be  attested  by  the  signatures  of  the 
Judges  selecting  the  same,  and  be  given  forthwith  to  the  Sheriff 
of  Baltimore  City,  who  shall  immediately  summon  the  persons 
so  selected,  to  serve  as  grand  jurors  for  the  City  of  Baltimore  at 
the  ensuing  term  of  the  Criminal  Court  of  Baltimore.  If  any 
of  the  grand  jurors  so  selected  and  summoned  shall  be  shown  to 
be  disqualified,  or  be  from  any  sufficient  cause  excused  from 
serving,  it  shall  be  the  duty  of  the  said  Judges  of  the  Supreme 
Bench  of  Baltimore  City,  or  a  majority  of  them,  to  re-assemble 
as  soon  as  they  are  notified  thereof  by  the  Judge  of  the  Criminal 
Court  of  Baltimore,  and  to  assemble  again,  from  time  to  time,  if 
the  same  be  necessary,  to  correct  and  complete,  in  the  manner 
hereinbefore  provided  for,  the  said  Grand  Jury  for  the  City  of 
Baltimore,  by  the  selection  of  proper  persons  as  aforesaid  from 
the  list  of  qualified  jurors  made  as  aforesaid,  omitting  in  said 
selection  the  names  of  persons  on  said  lists  who  may  have  been 
drawn  to  serve  as  petit  jurors  in  other  Courts  of  said  City  at 
said  term.  The  Judges  shall,  after  so  correcting  and  completing 
the  list  of  grand  jurors  for  the  City  of  Baltimore,  so  before  made 
out  by  them,  attest  the  said  list  of  grand  jurors  as  so  corrected, 
by  their  certificate  and  signatures  thereto.  The  Judge  of  the 
Criminal  Court  of  Baltimore  shall,  at  the  beginning  of  each 
term  of  the  said  court,  designate  the  foreman  of  the  Grand  Jury 
for  the  City  of  Baltimore  for  the  said  ensuing  term,  from  among 
the  number  of  grand  jurors  selected  as  aforesaid  for  said  city; 
and  in  case  of  the  disfpialification,  sickness,  absence  or  death  of 
said  foreman,  or  of  anv  foi-eman  of  said  Grand  Jurv,  may  desie;- 
nate  another  from  among  the  number  of  said  Grand  Jury,  who 
shall  act  as  such  foreman. 

Stiitc  V.  KontiiiK,  85  Mfl.  ISS. 

1900,  ch.  164.       1908,  ch.  162. 
604A.     Upon  the  organization  of  each  gi-and  jury,  as  pro- 
vided for  in  the  preceding  section,  and  npon  tlicii-  nnpu^st  tluM-e- 


302 

for,  signified  to  the  judge  or  judges  for  the  time  being  especially 
assigned  to  and  sitting  in  the  Criminal  Court  of  the  said  city, 
the  said  judge  or  judges  may  and  they  are  hereby  authorized 
and  empowered  to  appoint  a  clerk,  who  shall  be  a  competent 
stenographer,  at  a  compensation  not  exceeding  the  rate  of  fifteen 
hundred  dollars  per  annum,  to  be  paid  by  the  Mayor  and  City 
Council  of  Baltimore,  which  said  clerk  shall  have  authority  to 
take  and  transcribe  the  testimony  given  before  any  grand  jury 
in  said  City  of  Baltimore,  and  whenever  required  by  the  State's 
Attorney  shall  attend  upon  and  take  and  transcribe  the  testi- 
mony given  at  coroner's  inquests,  and  all  of  the  said  testimony 
so  taken  and  transcribed  shall  be  for  the  exclusive  use  and  benefit 
of  the  grand  jury  and  the  State's  Attorney  of  said  city,  unless 
otherwise  ordered  by  the  Court.  In  addition  to  the  compensation 
aforesaid  to  be  paid  to  said  clerk  by  the  Mayor  and  City  Council 
of  Baltimore,  the  said  Mayor  and  City  Council  of  Baltimore 
shall  make  compensation  to  said  stenographer  for  all  testimony 
taken  and  transcribed  by  him  at  any  coroner's  inquest  or  in- 
quests, and  when  requested  by  the  State's  Attorney  for  the  use 
of  his  ofiice,  at  a  rate  not  exceeding  fifteen  cents  per  hundred 
words  of  such  testimony. 

1900,  ch.  164. 

604B.  Any  clerk  appointed  under  the  provisions  of  the  pre- 
ceding section  shall  before  he  enters  upon  the  duties  of  his  ofiice 
take  and  subscribe  before  the  Clerk  of  the  Criminal  Court  of 
Baltimore  City  an  oath  that  he  will  keep  secret  all  matters  and 
things  occurring  before  such  Grand  Jiiries. 

1900,  ch.  164. 

604O.  It  shall  be  lawful  for  any  stenographer,  duly  ap- 
pointed and  qualified  as  herein  provided,  to  attend  and  be  present 
at  the  sessions  of  every  Grand  Jury  empaneled  in  the  said  city, 
and  it  shall  be  his  duty  to  take  in  shorthand  the  testimony  intro- 
duced before  such  Grand  Juries  and  to  furnish  to  the  Grand 
Jury  and  the  State's  Attorney  of  said  city  a  full  copy  of  all  such 
testimony  as  such  Grand  Jury  or  State's  Attorney  shall  require, 
and  he  shall  not  permit  any  other  person  to  take  a  copy  of  the 
same  nor  of  any  portion  thereof,  nor  to  read  the  same  nor  any 
portion  thereof,  nor  shall  he  disclose  the  character  or  any  of 
the  contents  of  the  same  to  any  person  or  persons  other  than  the 
Grand  Jury  or  State's  Attorney  for  said  city,  except  upon  the 
written  order  of  the  Court  duly  made  after  hearing  the  State's 
Attorney.  All  of  the  said  original  minutes  shall  be  kept  in  the 
custody  of  said  State's  Attorney,  and  neither  the  same  nor  a 


303 

copy  of  the  same  shall  be  taken  from  the  office  of  said  State's 
Attorney  excepting  for  the  use  of  a  Grand  Jury  for  said  city  or 
for  production  in  Court,  without  an  order  of  Court  first  had  and 
obtained,  as  above  provided. 

1900,  ch.  164. 
604D.  Any  stenographer  appointed  as  aforesaid  who  shall 
violate  any  of  the  provisions  of  the  three  preceding  sections  with 
regard  to  secrecy  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  fined  not  exceeding  one  thousand 
dollars  or  imprisoned  in  jail  not  exceeding  one  year,  or  be  both 
fined  and  imprisoned  in  the  discretion  of  the  Court. 

1882,  ch.  67.     1884,  ch.  450.     P.  L.  L.,    (1888)    Art.  4,  sec.  586. 

605.  The  said  Judges  of  the  Supreme  Bench  of  Baltimore 
City,  or  one  or  more  of  them,  shall,  at  one  or  more  of  the  meet- 
ings provided  for  in  the  last  preceding  section  of  this  sub-division 
of  this  Article,  after  the  selection  of  the  grand  juries  for  the  City 
of  Baltimore,  as  provided  in  the  last  preceding  section,  cause 
all  the  names  selected  by  the  Judges  as  aforesaid,  remaining 
upon  said  list  of  qualified  jurors,  to  be  inscribed  upon  ballots, 
which  shall  be  of  equal  size,  color  and  appearance,  and  shall  be 
closely  folded  and  shall  be  placed  by  one  of  such  Judges,  with 
his  own  hands,  on  the  day  of  said  meeting  and  immediately 
before  the  drawing  herein  provided  for,  in  a  drawing  wheel  to  be 
provided  for  that  purpose  by  the  Sheriii"  of  Baltimore  City, 
under  the  direction  of  said  Judges;  the  said  Judge  shall  then 
cause  the  said  Sheriff,  or  such  one  of  his  deputies  as  he  shall 
designate,  to  appear  before  him ;  and  it  shall  be  the  duty  of  the 
said  Sheriff  or  his  said  deputy,  in  the  presence  and  in  the  imme- 
diate view  of  the  said  Judge  or  Judges,  and  of  such  other  per- 
sons as  may  choose  to  attend,  to  draw  one  by  one  from  said 
wheel  the  ballots  contained  therein  until  four  hundred  of  said 
ballots  have  been  drawn  therefrom;  and  thesaid  Judge  or  Judges 
shall  cause  the  said  wheel  to  be  turned  upon  its  axis  before  the 
conunencement  of  said  drawing,  and  after  the  ballots  have  been 
deposited  therein,  and  after  the  drawing  of  each  ballot,  and 
before  the  drawing  of  the  next,  until  four  hundred  of  said  ballots 
shall  have  been  drawn  ;  and  said  Judge  or  Judges  shall  forthwith 
cause  the  names  appearing  upon  said  ballot  as  drawn,  together 
with  the  names  selected  as  grand  jurors,  to  be  duly  re(*(U-ded  in 
a  proper  book  in  the  order  in  which  they  shall  have  l)cen  chosen, 
and  in  which  said  Judge  or  Judges  shall  have  seen  them  drawn 
as  aforesaid,  which  said  Judge  or  Judges  so  attending  s;ii<! 
drawing  shall  certify  at  the  foot  of  said  list  to  have  been  done 


304 

1882,  ch.  67.     1884,  ch.  450.     P.  L.  L.,    (1888)   Art.  4,  sec.  591. 

606.  After  four  hundred  of  the  names  in  the  box  shall  have 

been  drawn,  as  provided  by  section  605,  it  shall  be  the  duty  of 

said  Judge  or  Judges  who  shall  have  attended  said  drawing  to 

cause  the  names  of  the  said  several  panels,  and  the  names  of  the 

other  persons  drawn  as  aforesaid,  to  be  entered  in  two  books,  in 

addition  to  the  book  provided  in  section  605,  in  the  order  in 

which  the  said  panels  and  the  names  aforesaid  were  drawn ;  and 

the  said  books  shall  be  certified  by  the  Judge  or  Judges  who 

shall  have  attended  said  drawing,  to  be  true  copies  of  the  book 

prescribed  in  section  605,  and  said  books  shall  be  denominated 

jury  books  for  Baltimore  City. 

Condemnation  Juries. — Such  juries  need  not  be  summoned  from  the 
jury  book. 

Balto.  Belt  R.  R.  Co.  v.  Turner,  Daily  Record,  January  12,  1893. 

1896,  ch.  20.    r.  L.  L.,   (ISSS)  Art.  4,  sec.  591  A. 

607.  In  addition  to  the  four  hundred  names  to  be  drawn  as 
provided  by  section  605  of  this  Article,  it  shall  be  the  duty  of 
said  Judge  or  Judges  who  shall  attend  said  drawing  to  cause  to 
be  drawn  in  the  mode  pointed  out  in  said  section  605,  or  in  such 
other  mode  as  shall  be  prescribed  by  the  Supreme  Bench  of 
Baltimore  City,  one  hundred  additional  jurors,  or  such  other 
number  as  shall  be  deemed  necessary  to  be  drawn  by  the 
Supreme  Bench  of  Baltimore  City  which  said  jurors  so  drawn, 
together  with  the  said  four  hundred  jurors,  shall,  under  such 
regulations  as  shall  be  prescribed  by  the  Supreme  Bench  of 
Baltimore  City,  serve  from  time  to  time  as  jurors  in  the  common 
law  courts  of  Baltimore  City,  and  for  such  length  of  time  as  said 
courts  shall  prescribe,  and  power  is  hereby  conferred  upon  said 
Supreme  Bench  of  Baltimore  City  to  prescribe  by  rule  for  the 
mode,  time  and  place  for  the  drawing  of  jurors,  for  the  organi- 
zation thereof,  and  for  the  distribution  among  the  said  several 
common  law  courts  of  Baltimore  City,  of  the  jurors  whose 
drawing  is  provided  for  by  the  several  sections  of  this  sub- 
division of  this  Article,  and  to  regulate  the  length  of  time  for 
which  the  jurors  drawn  as  aforesaid  shall  serve. 

P.  L.  L.,   (1860)   Art.  4,  sec.  609.     1860,  ch.  308.     1882.  ch.  67.     1884,  ch. 
450.     P.  L.  L.,   (1888)  Art.  4,  sec.  592. 

608.  When  the  jury  books  shall  have  been  prepared  and 
certified  as  directed  in  the  foregoing  section,  it  shall  be  the  duty 
of  the  said  Judge  or  Judges  by  whom  the  same  shall  have  been 
so  certified,  to  cause  one  of  the  said  books  to  be  deposited  in  the 
custody  of  the  Clerk  of  the  Superior  Court  of  Baltimore  City, 


305 

and  one  in  the  custody  of  the  Sheriff  of  Baltimore  City,  and  one 
shall  be  retained  by  the  said  Judges  of  the  Supreme  Bench  of 
Baltimore  City,  or  by  such  one  of  their  number  as  they  shall 
appoint  for  the  purpose  of  verifying  the  list  of  persons  so  de- 
livered as  aforesaid  to  the  Clerks  or  the  Sheriff  of  Baltimore 
City.    And  when  the  said  books  shall  have  been  delivered  to  the 
said  Sheriff,  he  shall  immediately  summon  the  several  jurors 
drawn  for  the  several  panels  named  in  the  said  book,  to  serve  in 
the  court  for  which  they  have  been  respectively  drawn,  at  such 
time  as  shall  be  designated  by  the  court.     And  in  addition  to 
summoning  the  said  jurors  for  the  said  several  panels,  the  said 
Sheriff  shall  also  summon  such  additional  number  of  persons, 
whose  names  are  set  down  in  said  book,  and  as  nearly  as  may  be 
in  the  order  in  which  their  names  are  so  set  down,  as  the  said 
Judges  of  the  Supreme  Bench,  or  a  majority  of  them,  shall 
direct,  to  appear  in  the  room  of  the  Superior  Court  of  Baltimore 
City  at  the  same  time  with  the  panel  for  said  court.     And  the 
said  additional  number  of  jurors  shall  constitute  a  reserve,  from 
which  without  further  summons,  jurors  may  be  selected  to  serve 
in  lieu  of  any  persons  drawn  for  the  regular  panels  of  said  court 
aforesaid,  w^io  may  not  be  found,  fail  to  appear,  are  legally  dis- 
abled, or  are  excused  or  excluded  from  attending,  so  that  the 
panels  may  be  completed  by  selecting  from  said  reserve,  in  the 
following  order:  First,  for  the  Superior  Court  of  Baltimore 
City ;  second,  the  Criminal  Court  of  Baltimore ;  third,  the  Balti- 
more City  Court ;  and  fourth,  the  Court  of  Common  Pleas.   And 
until  said  panels  have  been  completed,  said  reserves  shall  be 
required,  upon  the  order  of  the  several  courts,  to  proceed  from 
one  to  the  other  in  the  order  above  mentioned ;  and  when  all 
said  panels  have  been  completed,  those  persons  summoned  for 
such  reserve,  and  not  empaneled,  shall  be  discharged,  but  shall 
not  thereby  be  excused  from  service  when  resummoned;  and  in 
empaneling  juries  for  said  reserve  their  names  shall  be  called  in 
the  order  in  which  they  appear  in  said  book ;  and  the  names  of 
said  reserves  shall  first  be  called  in  the  Superior  Court  of  Balti- 
more City,  the  Judge  of  which  Court  shall  determine  upon  their 
qualifications  as  jurors,  and  the  right  or  claim  of  any  members 
of  said  reserve  to  be  excused  or  exempted  from  service. 

Clare  v.  State,  30  Md.  166. 

1882,  ch.  07.     18S4,  cli.  450.     1'.  L.  L.,   (1888)   Art.  4,  sec.  593. 

609.  If  the  full  panels  of  jurors  for  the  said  several  courts 
shall  not  be  obtained  from  the  jurors  so  drawn  for  the  several 
panels  of  the  said  courts,  as  herein  provided,  or  from  said 
reserve,  by  reason  of  some  of  said  jurors  or  reserve  being  legally 


306 

disabled  or  excused  from  attending,  or  not  being  found,  or  from 
other  causes,  the  Sheriff,  upon  being  notified  by  any  of  said 
Judges  what  additional  number  of  jurors  is  required  for  the 
court  in  which  he  presides,  shall  proceed  to  complete  the  said 
panel  in  which  jurors  are  needed,  by  summoning  in  the  stead  of 
such  jurors  such  number  of  persons  as  said  Judge  may  direct,  of 
the  persons  whose  names  are  set  down  in  the  said  jury  book  next 
after  the  regular  panels,  and  after  those  persons  who  have  been 
summoned  as  the  reserve  hereinbefore  provided  for ;  and  he 
shall  summon  such  persons,  as  near  as  he  can  reasonably  do  so, 
in  the  order  in  which  they  are  set  down  in  said  book,  and  their 
names  shall  be  called  for  empaneling  in  the  order  in  which  they 
appear  in  said  book. 

1860,  cli.  308.     1882,  cli.  67.     1884,  ch.  450.     P.  L.  L.,   (1888)   Art.  4, 

sec.  594. 

610.  If  at  any  trial  of  any  cause  in  any  of  the  several  courts 
as  aforesaid,  tales  de  circumstantibus,  shall  be  ordered,  it  shall  be 
the  duty  of  the  Sheriff  to  summon  such  talesmen,  those  who  are 
entered  in  said  book  and  are  not  upon  the  regular  panels  as  afore- 
said ;  and  such  talesmen  shall  be  summoned  and  called  to  be 
sworn  or  affirmed  upon  the  voir  dire,  or  otherwise,  in  the  order 
in  which  their  names  are  set  do\Am  in  said  jury  book,  unless  the 
Sheriff"  or  his  deputy  in  that  behalf  shall  swear  that  he  has  made 
true  and  diligent  search  for  such  nersons  as  do  not  appear,  and 
that  they  cannot  be  found,  or  unless  being  summoned  such  per- 
sons have  failed  to  appear,  or  unless  the  State's  Attorney  or  his 
deputy,  and  counsel  for  the  traverser,  or  the  counsel  for  the 
parties  litigant,  with  the  consent  of  the  court,  shall  waive  said 
order  for  summoning  and  swearing  or  affirming  such  talesmen ; 
but  if  said  affidavit  shall  have  been  made  by  said  Sheriff  or  his 
deputy,  or  if  such  persons  shall  fail  to  appear  after  having  been 
summoned  as  aforesaid,  or  the  said  waiver  shall  be  made  with 
the  consent  of  the  court,  then  such  of  the  talesmen  as  have  been 
properly  summoned  and  have  appeared  shall  be  called  to  be 
sworn  in  the  order  in  which  their  said  names  are  recorded  in  the 
jury  book  aforesaid ;  or  whenever  in  either  of  said  courts  it  shall 
be  necessary  to  summon  talesmen,  the  Judges  of  the  said  courts, 
respectively,  instead  of,  or  in  addition  to,  resorting  to  the  fore- 
going provisions  of  this  section  for  the  summoning  of  talesmen 
may  order  the  Sheriff  to  summon  as  sucli  talesmen,  any  of  the 
jur^Tnen  in  attendance  upon  either  of  the  said  courts,  except  said 
Criminal  Court  of  Baltimore,  who  may  not  then  be  engaged  as  a 
part  of  any  special  panel ;  and  if  it  should  happen  at  any  time 
in  summoning  talesmen  for  any  of  the  said  courts,  the  Sheriff 


307 

shall  exhaust  the  whole  list  of  the  names  drawn  from  the  said 
wheel,  as  provided  in  this  sub-division  of  this  Article,  it  shall  be 
his  duty  immediately  to  make  report  thereof,  verified  by  his 
affidavit  or  affirmation,  to  the  Supreme  Bench  of  Baltimore 
City,  and  thereupon  the  said  Judges,  or  one  of  them,  shall 
immediately  cause  the  Sheriif,  or  his  deputy  to  be  designated  by 
him,  to  appear  before  such  Judge,  in  some  one  of  the  court- 
rooms ill  said  city,  and  cause  such  additional  number  of  names 
as  shall  be  designated  by  the  Judge  of  the  Court  for  which  such 
talesmen  are  needed,  to  be  drawn  from  the  names  selected  by 
said  Judges  as  aforesaid,  and  still  remaining  upon  said  list  of 
qualified  jurors,  and  from  such  further  names,  if  any,  as  the 
Judges  of  the  Supreme  Bench,  or  a  majority  of  them,  shall  select 
and  cause  to  be  added  to  said  list ;  and  the  said  drawing  shall  be 
made,  and  the  names  drawn  shall  be  recorded  in  the  manner 
provided  in  sections  605  and  606 ;  and  the  talesmen  shall  be 
summoned  from  such  additional  number  of  persons  so  drawn  in 
the  manner  hereinbefore  directed, 

P.  L.  L.,   (1860)   Art.  4,  sec.  611.     P.  L.  L.,   (1888)   Art.  4,  sec.  595. 

611.  Every  petit  juror  sworn  upon  any  special  panel  shall 
continue  to  serve  thereon  until  discharged  by  the  court,  notwith- 
standing the  expiration  of  his  term  of  three  weeks,  aforesaid; 
but  no  one  summoned  as  a  juror  shall  be  excused  from  service 
except  in  open  court,  on  good  cause  shown  to  the  satisfaction  of 
the  court;  and  if  any  juror  summoned,  and  not  excused,  shall 
fail  to  attend  the  said  court  until  duly  discharged,  he  shall  be 
fined,  for  the  use  of  the  said  city,  not  less  than  twenty  nor  more 
than  two  hundred  dollars,  to  be  recovered  by  attachment,  or  such 
other  appropriate  process  as  the  said  court  may  direct. 

Mills  V.  State,  76  Md.  280.     See,  City  Code   (1879),  pages  566-569. 

1882,  ch.  67.     1884,  ch.  450.     P."  L.  L.,    (1888)   Art.  4,  sec.  596. 

612.  It  shall  be  the  duty  of  said  Judges,  or  a  majority  of 
them,  to  assemble  as  hereinbefore  in  this  sub-division  of  this 
Article  provided,  on  the  Thursday  preceding  the  fourth  Monday 
of  each  term,  and  thereafter  so  long  as  a  jury  may  be  required 
for  any  of  said  courts,  from  three  weeks  to  three  weeks  during 
each  term  of  each  of  the  said  courts  which  may  require  the  at- 
tendance of  a  jury ;  at  such  meetings  the  said  Judges,  or  a  ma- 
jority of  them,  shall  cause  the  names  of  those  who  have  served  on 
any  of  the  regular  panels  of  the  aforesaid  courts  since  the  mak- 
ing of  the  list  of  qualified  jurors  as  aforesaid  to  bo  stricken  from 
said  list;  and  the  persons  whose  names  are  so  stricken  from 


308 

said  list  shall  not  be  liable  to  serve  again  as  jurors  for  two  years, 
accounting  from  the  beginning  of  the  term  for  which  their 
names  were  so  entered  on  the  list  of  qualified  jurors;  the  said 
Judges,  or  a  majority  of  them,  shall  then  add  to  said  list  of 
qualified  jurors  such  qualified  persons  as  shall  suffice  to  make 
up  the  number  of  seven  hundred  and  fifty  qualified  persons,  or 
thereabouts.  From  the  said  whole  number  the  jurors  to  serve 
for  three  weeks  from  the  ensuing  Monday  shall  then  be  drawn 
for  the  said  courts,  and  their  names  be  recorded  in  the  said 
jury  books  in  the  manner  hereinbefore  provided  by  this  sub- 
division of  this  Article,  under  the  superintendence  of  one  or 
more  of  said  Judges.  And  if,  at  the  time  of  any  drawing,  juries 
shall  not  be  required  for  all  of  said  courts,  then  it  shall  not  be 
necessary  to  draw  panels  for  the  court  not  requiring  them,  but 
jurors  shall  be  drawn  for  such  courts  only  as  may  need  them, 
in  the  manner  hereinbefore  provided  in  this  Article  relating  to 
jurors,  so  far  as  concerns  the  courts  requiring  such  juries ;  and 
besides  summoning  said  panels  for  the  said  courts,  the  Sheriff 
shall  also  summon  at  the  same  time  such  number  of  reserves  as 
he  may  be  required  by  the  Judges,  or  a  majority  of  them,  as 
provided  by  section  608 ;  and  said  reserves  shall  also  be  liable 
to  service  as  in  said  section  mentioned. 

18G0,  ch.  308.     P.  L.  L.,    (1860)   Art.  4,  sec.  613.     P.  L.  L.,    (1888)   Art. 

4,  sec.  597. 

613.  If  it  should  happen  that  the  said  lists  of  persons  com- 
petent to  act  as  jurors,  other  than  the  regular  panels  as  afore- 
said, should  at  any  time  be  exhausted  as  talesmen,  it  shall  also 
be  competent  for  the  Sheriff  to  summon  as  talesmen  any  of  the 
regular  panels  in  any  of  the  other  of  said  courts  in  Baltimore 
City  who  may  be  at  the  time  of  such  summons  not  engaged  as 
part  of  any  special  panel  in  any  of  the  said  courts ;  but  it  is 
herein  provided  that  whenever  any  part  of  the  regular  panel  of 
any  court,  shall  be  by  the  Sheriff  as  aforesaid  summoned  to 
attend  in  another,  as  talesman,  jurors  of  the  regular  panel  of  the 
court  in  which  talesmen  are  required,  or  so  many  of  them 
as  shall  be  needed,  shall  be  by  the  said  Sheriff  notified  to  attend 
in  the  courts  from  which  regular  jurors  have  been  withdrawn ; 
and  the  said  jurors  shall  attend  accordingly  in  the  said  courts 
until  the  regTilar  jurors  of  said  court  are  discharged  from  the 
court  in  which  they  shall  be  required  to  serve  as  talesmen  as 
aforesaid. 

1882,  ch.  67.     1884,  ch.  450.     P.  L.  L.,    (1888)   Art.  4,  sec.  598. 

614.  Any  person  who  shall  fraudulently  mark  or  desigiiate 
or  open  or  leave  open,   or  cause  or  knowingly  permit  to  be 


309 

marked  or  designated,  or  to  be  opened  or  left  open  any  ballot 
for  jurors  which  shall  be  prepared  for  the  purpose  of  being 
dra^^'n  under  this  sub-division  of  this  Article,  or  who,  by  any 
fraudulent  contrivance,  device,  or  collusion  whatever,  shall  pre- 
pare or  arrange,  or  cause,  or  knowingly  permit  to  be  prepared 
or  arranged  any  ballot  aforesaid,  so  that  the  same  or  any  thereof 
may  be  known  or  recognized  in  the  drawing  thereof,  or  may  be 
drawn  in  preference  to  others,  or  for  the  purpose  of  their  being 
so  known  or  recognized,  or  being  so  drawn  or  omitted  to  be  so 
dra^^^l;  and  any  person  who  shall  in  any  way  fraudulently  or 
collusively  deal  with  the  ballots  aforesaid,  or  any  of  them,  or 
with  the  drawing  thereof,  or  with  the  preparation  or  folding  of 
said  ballots,  or  with  the  wheel  aforesaid,  so  that  the  fair  opera- 
tion and  lawful  and  impartial  execution  of  the  provisions  of  this 
sub-division  of  this  Article  in  relation  to  the  selection  of  jurors 
in  the  City  of  Baltimore  shall  be  knowingly  prevented  or  inter- 
fered with,  or  with  intent  to  interfere  with  or  prevent  the  same, 
or  to  permit  or  allow  the  same  to  be  interfered  with  or  pre- 
vented, shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  sentenced  to  be  confined,  in  the  discretion  of  the 
Court,  in  the  Penitentiary  or  Maryland  House  of  Correction  for 
a  term  of  not  less  than  one  nor  more  than  three  years. 

1860,  ch.  308.     P.  L.  L.,   (1860)   Art.  4,  sec.  615.     P.  L.  L.,   (1888)   Art. 

4,  sec.  599. 

615.  All  special  juries  authorized  by  law  to  be  summoned 
shall  be  summoned  by  the  Sheriff  of  Baltimore  City  from  those 
whose  names  may  be  inscribed  in  the  jury  book  as  then  revised. 

1860,  ch.  308.     P.  L.  L.,   (1860)   Art.  4,  sec.  616.     P.  L.  L.,   (1888)  Art. 

4,   sec.   600. 

616.  If  any  Sheriff  of  Baltimore  City,  or  any  deputy  there- 
of, shall  wilfully  violate  the  provisions  of  this  sub-division  of 
this  Article  relating  to  juries,  the  said  Sheriff  shall  forfeit  the 
sum  of  one  thousand  dollars,  which  sliall  be  recovered  by  civil 
action  in  the  name  of  the  State  against  the  Sheriff  and  the  sure- 
ties on  his  bond  in  that  behalf,  and  one-half  of  the  penalty  shall 
be  paid  to  the  informer. 

1860,  ch.  308.     P.  L.  L.,   (1800)   Art.  4,  sec.  617.     P.  L.  T..,    (1888)   Art. 

4,   sec.   601. 

617.  Any  two  of  the  Judges  of  the  Supreme  Bench  of  Balti- 
more City  may  constitute  a  quorum  at  any  meeting  held  under 
the  provisions  of  this  sub-division  of  this  Article,  nnd  ni:iy 
exercise  all  the  powers  reposed  in  the  said  Judges, 


310 

18G0,  ch.  308.     P.  L.  L.,   (1860)   Art.  4,  sec.  618.     P.  L.  L.,    (1888)   Art. 

4,  sec.   602. 

618.  In  all  criminal  cases  in  which  the  person  indicted  has 
or  may  have  the  right  of  peremptory  challenge,  the  State's  At- 
torney shall  have  the  right  to  challenge  peremptorily  any  num- 
ber of  jurors  not  exceeding  five. 

P.  G.  L.,   (1860)   Art.  50,  sec.  18.     P.  L.  L.,   (1888)  Art.  4,  sec.  603. 

619.  The  Grand  Jury  shall  at  each  term  of  the  court  visit 
the  jail,  and  inquire  into  its  condition,  the  manner  in  which 
it  is  kept  and  the  treatment  of  the  prisoners,  and  report  the 
same  to  the  court. 

1867,  ch.  269.     P.  L.  L.,   (1888)  Art.  4,  sec.  604. 

620.  All  the  provisions  of  this  sub-division  of  this  Article 
relating  to  the  mode  of  drawing  and  summoning  jurors  shall 
be  construed  as  directory  merely,  and  no  indictment  or  present- 
ment for  any  felony  or  misdemeanor  shall  be  quashed,  nor  shall 
any  judgment  upon  any  indictment  or  presentment,  whether 
after  verdict,  by  confession  or  otherwise,  be  stayed  or  reversed, 
nor  shall  any  challenge  to  the  array  of  jurors  be  allowed  because 
of  any  failure  by  the  Judges,  or  the  clerks,  or  the  Sheriff,  to 
comply  with  the  provisions  of  law  relating  to  the  drawing  of 
jurors  in  the  City  of  Baltimore;  provided,  nevertheless,  that  if 
any  officer  concerned  in  the  drawing  of  said  jurors  shall  wil- 
fully neglect  to  perform  any  duty  imposed  upon  him  by  law,  he 
shall  be  liable  to  indictment  in  the  Criminal  Court  of  Balti- 
more, and  upon  conviction  shall  be  fined  the  sum  of  one  thous- 
and dollars. 

Pay  of  Jurors. 
1880,  ch.  441.     P.  L.  L.,  (1888)  Art.  4,  sec.  605. 

621.  Jurors  in  any  of  the  courts  of  the  City  of  Baltimore 
shall  receive  one  dollar  and  a-half  per  day  for  each  and  every 
day  they  shall  attend  the  several  courts  of  this  State  in  said  city 
as  jurors;  and  it  shall  be  the  duty  of  the  clerk  of  the  court  to 
which  the  jurors  shall  be  summoned,  to  furnish  on  the  day 
their  services  shall  terminate,  to  each  juror,  a  certificate,  show- 
ing the  days  he  has  been  in  attendance  on  the  court,  and  the 
amount  payable  to  him  for  such  service ;  and  the  City  Register 
shall  pay  the  jurors  the  sums  payable  for  such  service  in  cash, 
and  immediately  upon  the  presentation  and  surrender  of  such 
certificate,  with  the  receipt  of  the  juror,  and  said  payment  shall 
not  be  demanded  save  upon  the  surrender  of  said  certificates, 
and  the  said  certificates  shall  not  be  the  subject  of  assignment. 


311 

Volunteer  Militia  Exempt  from  Petit  Jury  Duty. 
1870,  ch.  182.     p.  L.  L.,    (1888)    Art.  4,  sec.  606.     1906,  ch.  61. 
622.     All  certificates  of  membership  of  any  legally  organized 
volunteer  company  of  the  militia  shall  be  signed  by  the  com- 
manding officer  thereof,  which  certificates  shall  be  issued  on  or 
before  the  first  day  of  April  in  each  year  to  such  persons  as 
may  then  compose  the  uniformed  and  active  members  of  said 
company;  every  such  company  may  receive  and  have  as  many 
honorary  members  as  it  has  active  and  uniformed  members,  and 
no  more,  on  payment,  in  advance,  by  each  person  desiring  to 
become  such  honorary  member,  of  not  less  than  ten  dollars  per 
annum ;  which  said  money  shall  be  received  by  the  commanding 
officer  of  the  company,  and  be  by  him  applied  to  the  payment  of 
armory  rent  or  the  purchase  of  uniforms  for  the  rank  and  file 
of  the  active  members  of  his  company,  or  to  such  purposes  as 
may  be  authorized  by  the  by-laws  of  said  company ;  and  the 
commanding  officer  of  every  company  shall  on  or  before  the  first 
day  of  June  and  December  of  every  year  render  to  the  Adjutant 
General  an  account  of  the  money  so  received  and  expended  by 
him,  and  every  such  honorary  member  shall  be  entitled  to  receive 
a  certificate  of  honorary  membership  of  the  company,  to  be 
signed  as  aforesaid,  and  bearing  date  at  the  time  of  its  issue; 
which  certificates  of  membership,  whether  of  uniformed  and 
active  members  or  of  honorary  members,  shall  exempt  the  per- 
son therein  named  from  petit  jury  duty  for  the  period  of  one 
year  from  the  date  of  his  said  certificate;  provided,  he  files  his 
said  certificate  with  the  clerk  of  the  court  before  the  drawing 
of  the  jury. 

Albert,  Sheriff,  v.  White,  33  Md.  297. 

JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 

1886,  ch.  66.  1888,  ch.  98,  sec.  16.  1886,  ch.  314.  P.  L.  L.,  (1888)  Art. 
4,  sec.  607.  1890,  ch.  125.  1896,  ch.  117.  1904,  ch.  16. 

1912.  ch.  823. 

623.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  twelve  Justices  of  the  Peace  for  each 
of  the  legislative  districts  of  lialtirnorc  City,  to  be  selected  as 
follows:  One  from  each  of  the  wards  comprising  each  of  said 
districts,  and  six  Justices  of  the  Peace  at  large  from  each 
of  said  districts,  and  shall  further  appoint  fifty-three  Justices 
of  the  Peace,  and  no  more,  from  Baltimore  City  at  largo,  who 
shall  be  appointed  from  such  wiuvl  oi'  wnrds  as  tlic  (lovci-nor 
may  elect  or  determine. 

.Tiistices  of  the  Peace  and  Constal)los  do  not  liol<l  over,  excciit  ;is  ilc 
fdcfo  oflif-ers.     Their  term  expires  two  years  from  llicir  ;iiii>oiiitiiMiit. 
Claude  v.  Waysoii,   318  Md.  447. 


312 

1902,  ch.   611.     1904,  cli.   521.     1910,  ch.   41. 

623A.  In  addition  to  the  Justices  of  the  Peace  mentioned 
in  section  623  of  this  Article,  there  shall  be  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  if  the  Senate  shall  not  be  in  session,  by  the  Governor,  from 
the  City  of  Baltimore,  at  large,  an  additional  Justice  of  the 
Peace,  to  be  known  as  the  magistrate  for  juvenile  causes,  who 
shall  be  a  member  of  the  bar  of  the  Supreme  Bench  of  Balti- 
more City  and  shall  receive  from  the  Mayor  and  City  Council 
of  Baltimore  a  salary  of  three  thousand  dollars  per  annum,  pay- 
able monthly,  and  the  jurisdiction  and  powers  of  such  justice 
shall  be  as  follows :  ( 1 )  He  shall  possess  the  general  powers  of 
police  justice  of  the  peace  or  justice  of  the  peace  selected  to  sit  at 
a  station-house  in  the  City  of  Baltimore,  as  the  same  are  now 
or  may  hereafter  be  defined  by  law.  (2)  He  shall  have  exclusive 
jurisdiction  where  jurisdiction  is  given  by  law  to  any  justice 
of  the  peace  in  Baltimore  City,  in  all  cases  of  trial  or  commit- 
ment for  trial,  or  commitment  to  any  juvenile  institution  of 
any  minor  under  the  age  of  sixteen  years,  and  such  magistrate 
shall  sit  at  such  times  as  may  be  necessary  for  the  proper  dis- 
charge of  his  duties  at  such  proper  place  in  the  Courthouse  in 
Baltimore  City  as  may  be  provided  by  the  Superintendent  of 
Public  Buildings.  (3)  He  is  empowered  to  appoint  a  suitable 
person  to  act  as  his  clerk,  who  shall  receive  from  the  Mayor  and 
City  Council  of  Baltimore  City  a  salary  of  one  thousand  dollars 
per  annum,  payable  monthly,  and  shall  attend  at  such  times  and 
places  and  perform  such  duties  as  may  be  directed  by  said  justice, 
and  shall  be  removable  by  him  at  his  discretion.  Wlienever 
any  minor  is  arrested,  he  may  be  taken  to  such  place  other  than 
a  station-house  as  may  be  designated  by  said  justice  and  pro- 
vided by  the  Superintendent  of  Public  Buildings  or  the  Mayor 
and  City  Council  of  Baltimore;  but,  in  the  absence  of  such  desig- 
nation, such  minor  may  be  held  at  a  station-house  as  hereto- 
fore until  brought  before  the  justice ;  and  when  such  justice 
shall  commit  any  minor  for  trial  or  for  hearing,  he  may  commit 
such  minor  to  a  suitable  juvenile  institution  or  other  suitable 
prison,  instead  of  the  Baltimore  City  Jail.  The  Board  of 
Police  Commissioners  for  the  City  of  Baltimore  shall  designate 
two  or  more  members  of  the  police  force  to  attend  said  justi(;e 
and  execute  his  powers  and  directions.  The  Governor  shall 
also  appoint,  by  and  with  the  advice  and  consent  of  the  Senate, 
and  if  the  Senate  shall  not  be  in  session,  by  the  Governor,  from 
the  City  of  Baltimore  at  large,  an  additional  Justice  of  the 
Peace  who  shall  be  a  member  of  the  bar  of  the  Supreme  Bench 


313 

of  Baltimore  City,  or  the  Governor  may  select  from  among 
the  present  Justices  of  the  Peace  of  Baltimore  City,  who  shall 
likewise  be  a  member  of  the  bar  of  said  Supreme  Bench,  who 
shall  receive  from  the  Mayor  and  City  Council  of  Baltimore 
City  a  salary  of  one  thousand  dollars  per  annum,  payable  month- 
ly, and  whose  jurisdiction  and  powers  shall  be  the  same  as 
those  conferred  upon  the  Magistrate  for  Juvenile  Causes  and 
who  shall  be  designated  by  the  Governor  to  sit  in  said  court 
in  the  absence  by  illness  or  otherwise  and  at  other  times  upon  the 
request  of  and  in  the  place  of  the  said  Magistrate  for  Juvenile 
Causes. 

1912,  ch.  482. 

623AA.  The  Magistrate  for  Juvenile  Causes  shall  have,  in 
addition  to  the  powers  and  the  authority  vested  in  him  by 
other  sections  of  this  article,  the  power  and  authority  to  enforce 
obedience  to  his  orders  and  judgments  by  attachment  and  to 
inflict  summary  punishment  for  contempt  of  court  by  a  fine  not 
exceeding  in  any  one  case  the  sum  of  twenty  dollars  ($20)  ; 
and  said  Magistrate  for  Juvenile  Causes  may  make  such  rules 
and  orders  from  time  to  time  for  the  well-governing  and  regu- 
lating his  Court  and  the  officers  and  suitors  thereof  and  under 
such  fines  and  forfeitures  as  he  shall  think  fit,  not  exceeding 
twenty  dollars  ($20)  for  any  one  offense;  all  of  which  fines 
shall  go  to  the  State;  provided,  however,  that  the  power  afore- 
said to  punish  for  contempt  shall  not  be  construed  to  extend 
to  any  cases  arising  in  the  Court  of  said  Magistrate  for  Juvenile 
Causes  except  the  cases  specifically  set  forth  and  provided  for  in 
section  4  of  Article  26,  of  the  Code  of  Public  General  Laws 
of  Maryland  as  within  the  power  of  the  several  courts  of  the 
State  to  inflict  summary  punishments  for  contempt  of  Court, 

1876,  ch.  28.     P.  L.  L.,    (1888)   Art.  4,  sec.  608.     1912,  ch.  823. 

624.  Each  of  said  Justices  of  the  Peace,  before  entering 
upon  the  duties  of  his  office,  shall  give  to  the  State  of  Maryland  a 
good  and  sufficient  bond,  with  a  surety  or  sureties  to  be  approved 
by  the  judge  of  the  Superior  Court  of  Baltimore  City,  in  the 
penalty  of  five  thousand  dollars  ($5,000),  with  conditions  that 
he  will  truly  and  faithfully  discharge,  execute  and  perform  all 
and  singular  the  duties  and  obligations  of  the  office  of  Justice  of 
the  Peace,  and  that  he  will  acctouut  for  and  pay  over  to  the  Clerk 
of  the  Court  of  Common  Pleas  and  to  the  Register  of  the  City  of 
Baltimore,  respectively,  all  fines,  penalties  and  forfeitures  and 
all  fees  or  the  portion  thereof,  which  he  is  bound  to  account  for 
and  pay  over  to  said  respective  officers;  and  that  he  will  faith- 


314 

fully  and  truly  account  for  and  pay  over  to  the  person  or  cor- 
poration entitled  to  receive  the  same,  all  money  belonging  to 
such  person  or  corporation  which  may  come  into  his  hands  as 
Justice  of  the  Peace. 

As  to  liability  of  Justices  of  the  Peace  for  official  acts,  see,  Roth  v. 
Shupp,  94  Md.  57. 

P.  L.  L.,   (1860)  Art.  4,  sec.  621.     P.  L.  L.,    (1888)  Art.  4,  sec.  609. 

1912,  ch.  823. 

625.  It  shall  be  the  duty  of  the  Governor,  after  the  appoint- 
ment of  the  Justices  of  the  Peace  provided  for  in  section  623, 
to  select  from  the  Justices  of  the  Peace  so  appointed  one  Justice 
of  the  Peace  who  shall  be  known  as  "Presiding  Justice  of  the 
Peace  of  the  People's  Court,"  and  four  other  Justices  of  the 
Peace  who  shall  be  known  as  "Associate  Justices  of  the  Peace  of 
the  People's  Court."  Said  Presiding  Justice  of  the  Peace  of 
the  People's  Court  shall  receive  from  the  Mayor  and  City  Coun- 
cil of  Baltimore  a  salary  of  $2,500  per  annum,  payable  monthly, 
and  each  of  said  Associate  Justices  of  the  Peace  of  the  People's 
Court  shall  receive  from  the  Mayor  and  City  Council  of  Balti- 
more a  salary  of  $2,100  per  annum,  payable  monthly,  and  said 
Justices  shall  receive  no  other  compensation  or  fees  whatever  for 
the  performance  of  any  duties  as  justices  of  the  peace.  And 
said  Justices  shall  sit  for  trial  of  cases  on  each  day  (except  Sun- 
days and  legal  holidays)  from  the  hour  of  1  o'clock  P.  M.,  at 
such  proper  place  in  or  near  the  Court  House  in  Baltimore 
City  as  may  be  provided  by  the  Mayor  and  City  Council  of 
Baltimore ;  and  one  or  more  of  said  Justices,  to  be  assigned  by 
said  Presiding  Justice,  shall  be  on  duty  from  9  :30  o'clock  A.  M. 
until  12  :30  o'clock  P.  M.,  for  the  purpose  of  issuing  summons 
and  performing  any  other  duties,  except  the  trial  of  cases.  Cases 
may,  however,  be  tried  at  any  hour  upon  the  joint  consent  of 
all  the  parties  and  of  the  Justice. 

For  notes  ou  decisions  relating  to  Justices  of  the  Peace  and  powers 
conferred  by  sections  626  and  627,  see,  notes,  pages  219  to  222  inclusive, 
Baltimore  City  Code  (1879). 

This  Act  valid  as  to  Justices.     Provision  as  to  Constables  void. 
Levin  v.  Hewes,  118  Md.  624. 

But  city  may  provide  for  the  Constables  by  ordinance. 
Gould  V.  Baltimore,  119  Md.  534. 

1912,  ch.  823. 

625A.     It  shall  be  the  duty  of  said  Presiding  Justice  of  the 

Peace  to  assign  for  trial  to  himself  or  to  one  of  said  Associate 

Justices  of  the  Peace,  all  cases  removed  to  him  as  said  Presiding 

Justice  of  the  Peace  under  the  provisions  of  section  627  of  this 


315 

Article,  or  returnable  before  any  Justice  of  the  Peace  of  tlie 
People's  Court,  and  generally  to  supervise  the  work  of  the  said 
Associate  Justices  of  the  Peace  and  of  the  constables  herein- 
before provided  for. 

1912,  ch.  823, 
625B.  Each  of  the  Justices  of  the  Peace  provided  for  in  sec- 
tion 623  hereof,  other  than  those  specially  provided  for  in  sec- 
tions 623A,  625  and  630  to  638,  inclusive,  of  this  Article,  shall 
receive  from  the  Mayor  and  City  Council  of  Baltimore  a  salary 
of  $10.00  per  annum,  as  full  compensation  for  the  performance 
by  them  of  all  duties  of  a  civil,  judicial  nature ;  but  said  Justices 
of  the  Peace  shall  have  the  right  to  charge  and